22.8.2008 EN Official Journal of the European Union L 224/8
COMMISSION DECISION
of 19 August 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) 4407)
(2008/684/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) and the second sentence of Article 16(5) 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) Portugal has adopted a ministerial order (Portaria No 358/2008 of 12 May 2008) prohibiting movement of susceptible wood and plants out of continental Portugal unless the wood has been heat treated and the plants duly inspected.
(3) Portugal presented to the Commission a proposal for a survey plan, as provided for in Article 4(2) of Decision 2006/133/EC, for the entire Portuguese territory. The proposal was discussed in the Standing Committee on Plant Health on 26 and 27 May 2008. However, the Commission, based on the conclusions of the Committee, did not approve the plan because of insufficient intensity of monitoring.
(4) Portugal informed the Commission on 5 June 2008 on the finding of new outbreaks of PWN, as a result of an extraordinary investigation by the Portuguese authorities in addition to the annual survey, in the part of Portugal where so far PWN was known not to occur.
(5) The inspection mission from the Food and Veterinary Office from 2 to 6 June 2008 revealed that the data available are not sufficient to confirm that there are areas in Portugal which are free from PWN and that the Community and national measures are not fully implemented.
(6) Therefore, spread of PWN out of the demarcated areas in Portugal on account of movements of susceptible wood, bark and plants cannot be fully excluded. Moreover, at present, it is not possible for Member States other than Portugal to control movements into their territory of susceptible wood, bark and plants originating in all parts of Portugal.
(7) In order to safeguard the territory of other Member States against PWN and to protect the Community trade interests in relation to third countries, the movements of susceptible wood, bark and plants from the demarcated areas in Portugal to other Member States and third countries should be prohibited unless this material has undergone appropriate treatment or, for plants, appropriate inspection. Therefore, the requirements for movements of susceptible wood, bark and plants from demarcated areas into areas in Portugal, other than demarcated areas, or into other Member States should be extended to all movements from the demarcated areas in Portugal into other Member States and third countries. Traceability should be ensured by attaching the plant passport or the mark to each unit within a consignment. The scope of control activities carried out by Member States should be widened to allow control of susceptible wood, bark and plants moved from Portugal into their territory.
(8) Commission Decision 2008/489/EC of 27 June 2008 concerning interim protective measures against the dissemination of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode) in Portugal (3) provided for such measures pending the meeting of the Standing Committee on Plant Health. It is now appropriate to confirm those measures and to repeal Decision 2008/489/EC.
(9) Decision 2006/133/EC should therefore be amended accordingly.
(10) 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 the first paragraph of Article 2, the following sentence is added:
2. in Article 3, point (a) is replaced by the following:
‘(a) subject consignments of susceptible wood, bark and plants, coming from Portugal and moved into their territory, to testing for the presence of PWN;’;
3. the Annex to Decision 2006/133/EC is amended in accordance with the Annex to this Decision.
This Decision shall be reviewed on the basis of the results of the survey plan referred to in Article 4(2) of Decision 2006/133/EC.
Decision 2008/489/EC is repealed.
This Decision is addressed to the Member States.