22.6.2007 EN Official Journal of the European Union L 161/66
COMMISSION DECISION
of 18 June 2007
on provisional emergency measures to prevent the introduction into and the spread within the Community of Gibberella circinata Nirenberg & O’Donnell
(notified under document number C(2007) 2496)
(2007/433/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), third sentence 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 Annex I or Annex 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 the fungus Gibberella circinata Nirenberg & O’Donnell, under the anamorph form also known as Fusarium circinatum Nirenberg & O’Donnell, in forest reproductive material in the north of the Iberian Peninsula, Spain informed the Member States and the Commission on 16 June 2006 that it had adopted on 26 May 2006 official measures through a national eradication and control programme to prevent the further introduction into and spread within its territory of that organism.
(3) Gibberella circinata Nirenberg & O’Donnell (‘the specified organism’) is not listed in Annex I or II to Directive 2000/29/EC. However, a report of a pest risk assessment based on limited available scientific information has demonstrated that the specified organism can cause significant mortality on Pinus spp. and tree damage on Pseudotsuga menziesii. These plants are widely distributed in Europe and the susceptibility of several species is high. It is therefore necessary to take forthwith provisional measures against the introduction into and spread within the Community of the specified organism.
(4) The measures provided for in this Decision should apply to the introduction or the spread of the specified organism, the demarcation of infested areas within the Community and the control of the specified organism in these areas, the import, production and movement of the specified plants, including seeds, within the Community, and a survey for the presence or continued absence of the specified organism in the Member States.
(5) It is appropriate that the results of the measures be regularly assessed in 2007 and 2008 in particular on the basis of information to be provided by the Member States. Possible subsequent measures will be considered in the light of the results of that assessment.
(6) Member States should adapt, if necessary, their legislation in order to comply with this Decision.
(7) The results of the measures should be reviewed by 1 April 2008.
(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:
1. ‘specified organism’ means Gibberella circinata Nirenberg & O’Donnell;
2. ‘specified plants’ means plants of the genus Pinus L. and the species Pseudotsuga menziesii, intended for planting, including seeds and cones for propagation purposes;
3. ‘place of production’ means:
— any premises or collection of fields operated as a single production unit of plants; this may include production sites which are separately managed for phytosanitary purposes, or
— a demarcated forestry stand.
Measures against the specified organism
The introduction into and spread within the Community of the specified organism shall be prohibited.
Import of the specified plants
The specified plants may be introduced into the Community only if:
(a) they comply with the requirements laid down in section I of Annex I, and
(b) they are, on entry into the Community, inspected and, where appropriate, tested for the presence of the specified organism, in accordance with Article 13a(1) of Directive 2000/29/EC, and found free from it.
Movement of the specified plants within the Community
Without prejudice to the provisions of Annex II, section II of this Decision, the specified plants originating in the Community or imported into the Community pursuant to Article 3 of this Decision may only be moved within the Community, if they meet the conditions laid down in section II 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 this organism 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 and the measures referred to in section II of Annex II, shall be notified to the Commission and to the other Member States by 15 December 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 notification referred to in Article 5.2 confirm the presence of the specified organism in an area, or there is evidence of the establishment of this organism by other means, Member States shall define demarcated areas and take official measures as laid down in sections I and II 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 and shall forthwith 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.