28.6.2008 EN Official Journal of the European Union L 168/38
COMMISSION DECISION
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
(notified under document number C(2008) 3312)
(2008/489/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(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 the second paragraph of Article 4 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. Moreover, the Community and national measures are not fully implemented.
(6) Therefore, the measures taken so far are considered to be inadequate and immediate risk of spread of PWN out of Portugal on account of movements of susceptible wood, bark and plants cannot be excluded any longer. Moreover, at present Member States other than Portugal should, as soon as possible, be allowed to control movements into their territory of susceptible wood, bark and plants originating in all parts of Portugal.
(7) As a consequence of the recent increase of the outbreaks of PWN in Portugal measures should be taken, as soon as possible, 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 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 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) Pending the meeting of the Standing Committee on Plant Health, interim protective measures should be taken to inhibit the spread of PWN from Portugal to other Member States and third countries.
(9) The measures provided for in this Decision will be reviewed by the Standing Committee on Plant Health,
1.   Portugal shall ensure that the conditions set out in the Annex in relation to susceptible wood, bark and plants which are to be moved from its territory to other Member States or third countries are met.
2.   Member States of destination other than Portugal may subject consignments of susceptible wood, bark and plants, coming from Portugal and moved into their territory, to testing for the presence of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode — PWN).
3.   This Decision is without prejudice to Decision 2006/133/EC.
This Decision is addressed to the Member States.