COMMISSION DIRECTIVE 98/1/EC of 8 January 1998 amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 77/93/EEC of 21 December 1976 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), as last amended by Commission Directive 97/14/EC (2), and in particular Article 13, second paragraph, third and fourth indents, thereof,
Whereas measures should be taken to protect the Community against Diabrotica barberi Smith & Lawrence, Diabrotica undecimpunctata howardi Barber, Diabrotica undecimpunctata undecimpuctata Mannerheim and Diabrotica virgifera Le Conte, harmful organisms which have not hitherto been known to occur in the Community;
Whereas measures should be taken against the introduction into and spread within the Community of Meloidogyne chitwoodi Golden et al. (all populations) and M. fallax Karssen and Tomato yellow leaf curl virus;
Whereas the provisions on protective measures against Enarmonia prunivora Walsh and Ditylenchus dipsaci (KĂźhn) Filipjev, organisms listed in the Annexes to the said Directive, should be improved, and in particular the list of host plants should be extended;
Whereas it is no longer appropriate to maintain the current provisions on protective measures against Tomato spotted wilt virus;
Whereas certain measures against Gymnosporangium asiaticum Miyabe ex Yamada, in particular in respect of plants of Photinia Ldl., should be modified because it has been determined that the said organism is only present in some third countries;
Whereas improved measures should be taken to protect the Community against the introduction of harmful organisms affecting hybrids of Solanum L., other than those intended for planting, and aquarium plants;
Whereas certain provisions concerning organisms affecting naturally or artificially dwarfed plants for planting, other than seeds, originating in non-European countries should be improved;
Whereas certain provisions concerning organisms affecting isolated bark of Castanea Mill. should be amended and, in particular, adapted to the present distribution of organisms such as non-European Pissodes spp. and Scolytidae spp.;
Whereas certain provisions concerning Monilinia fructicola (Winter) Honey, should be amended because it has been determined that only Prunus fruits from non-European countries should be subjected to phystosanitary control in the high-risk period from 15 February to 30 September;
Whereas since it has been determined that the risk of spreading Xanthomonas campestris pv. pruni by intra-Community trade in P. laurocerasus L. and P. lusitanica L., is minimal, the relevant measures should be modified;
Whereas since it has become apparent that there is no risk of transmitting Bemisia tabaci Genn with seeds, tubers and corms of Begonia L., the relevant measures should be modified;
Whereas certain measures against Clavibacter michiganensis spp. insidiosus Davis et al. should be modified in order to take account of the area of origin of the seeds and the presence of the disease in that area;
Whereas in order to take into account the phytosanitary risk involved with the import of parts of certain plants, other than fruits and seeds, certain measures should be modified;
Whereas these amendments are in accordance with the requests of the Member States concerned;
Whereas, therefore, the relevant Annexes to Directive 77/93/EEC should be amended accordingly;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Comittee on Plant Health,
Annexes I to V to Directive 77/93/EEC are hereby amended as indicated in the Annex to this Directive.
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive with effect from 1 May 1998. They shall forthwith inform the Commission thereof.
When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
2. Member States shall immediately communicate to the Commission the main provisions of domestic law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof.
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Directive is addressed to the Member States.