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There are outstanding changes not yet made to Commission Decision of 26 June 2002 authorising derogations from certain provisions of Council Directive 2000/29/EC in respect of naturally or artificially dwarfed plants of Chamaecyparis Spach, Juniperus L. and Pinus L., originating in the Republic of Korea (notified under document number C(2002) 2251) (2002/499/EC). Any changes that have already been made to the legislation appear in the content and are referenced with annotations.
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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), as last amended by Commission Directive 2002/36/EC(2), and in particular Article 15(1) thereof,
Having regard to the request made by the United Kingdom,
Whereas:
(1) Under Directive 2000/29/EC, plants of Chamaecyparis Spach, Juniperus L. and Pinus L., other than fruits and seeds, originating in non-European countries, must not in principle be introduced into the Community. However, Directive 2000/29/EC permits derogations from this rule, provided that it is established that there is no risk of introduction of harmful organisms.
(2) Following a mission of the Food and Veterinary Office of the Commission and exchange of information between the Commission and the Republic of Korea, the Commission has established that on the basis of available information there is no risk of spreading harmful organisms with the import of naturally or artificially dwarfed plants of Chamaecyparis Spach, Juniperus L. and Pinus L., provided that specific conditions are satisfied.
(3) A derogation from certain provisions of Directive 2000/29/EC should therefore be authorised for a limited period, subject to specific conditions.
(4) The authorisation pursuant to this Decision should be terminated if it is established that the specific conditions are not sufficient to prevent the introduction of harmful organisms or have not been complied with.
(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:
The Member States are hereby authorised to provide for derogations from Article 4(1) of Directive 2000/29/EC, with regard to the prohibitions referred to in Part A, point 1 of Annex III to that Directive for plants of Chamaecyparis Spach, Juniperus L. and Pinus L., other than fruits and seeds, originating in the Republic of Korea.
In order to qualify for these derogations, plants of Chamaecyparis Spach, Juniperus L. and Pinus L., other than fruits and seeds, shall satisfy, in addition to the requirements laid down in Annex I, Annex II and in part A, Section I, point 43 of Annex IV to Directive 2000/29/EC, the conditions set out in the Annex to this Decision.
Member States shall provide the Commission and the other Member States, before [F21 August of each year] , with the information on quantities imported during the year prior to that date pursuant to this Decision and with a detailed technical report of the examination and/or tests carried out on these plants during the quarantine period referred to in point 10 of the Annex.
Any Member State, other than that of importation, in which the plants are introduced, shall also provide the Commission and the other Member States, before [F21 August of each year] , with a detailed technical report of the examination and/or tests carried out on these plants introduced during the year prior to that date during the quarantine period referred to in point 10 of the Annex.]
Textual Amendments
F1 Substituted by Commission Decision of 4 November 2005 amending Decision 2002/499/EC authorising derogations from certain provisions of Council Directive 2000/29/EC in respect of naturally or artificially dwarfed plants of Chamaecyparis Spach, Juniperus L. and Pinus L., originating in the Republic of Korea (notified under document number C(2005) 4235) (2005/775/EC).
F2 Substituted by Commission Decision of 26 October 2010 extending the period of validity of Decision 2002/499/EC in respect of naturally or artificially dwarfed plants of Chamaecyparis Spach, Juniperus L. and Pinus L., originating in the Republic of Korea (notified under document C(2010) 7281) (2010/646/EU).
Member States shall notify the Commission and the other Member States of all cases of consignments introduced into their territory pursuant to this Decision which were subsequently found not to comply with the conditions laid down herein.
Member States may apply the derogations mentioned in Article 1 to plants imported into the Community in the following periods:
[F2Plants | Period |
---|---|
Chamaecyparis | 1.1.2011 – 31.12.2020 |
Juniperus | 1.11. to 31.3. of each year until 31.12.2020 |
Pinus | 1.1.2011 – 31.12.2020] ] |
Textual Amendments
F2 Substituted by Commission Decision of 26 October 2010 extending the period of validity of Decision 2002/499/EC in respect of naturally or artificially dwarfed plants of Chamaecyparis Spach, Juniperus L. and Pinus L., originating in the Republic of Korea (notified under document C(2010) 7281) (2010/646/EU).
F3 Substituted by Commission Decision of 18 June 2007 extending the period of validity of Decision 2002/499/EC in respect of naturally or artificially dwarfed plants of Chamaecyparis Spach, Juniperus L. and Pinus L., originating in the Republic of Korea (notified under document number C(2007) 2495) (2007/432/EC).
This Decision shall apply from 1 July 2002.
This Decision is addressed to the Member States.
The harmful organisms of concern are:
for Juniperus plants,
Aschistonyx eppoi Inouye,
Gymnosporangium asiaticum Miyabe ex Yamada and G. yamadae Miyabe ex Yamada,
Oligonychus perditus Pritchard et Baker,
Popillia japonica Newman,
any other harmful organism which is not known to occur in the Community;
for Chamaecyparis plants,
Popillia japonica Newman,
any other harmful organism which is not known to occur in the Community;
for Pinus plants,
Bursaphelenchus xylophilus (Steiner & Buehrer) Nickle et al.,
Cercoseptoria pini-densiflorae (Hori & Nambu) Deighton,
Coleosporium phellodendri Komr,
Coleosporium asterum (Dietel) Sydow,
Coleosporium eupatorii Arthur,
Cronartium quercuum (Berk.) Miyabe ex Shirai,
Dendrolimus spectabilis Butler,
Monochamus spp. (non European),
Popillia japonica Newman,
Thecodiplosis japonensis Uchida & Inouye,
any other harmful organism which is not known to occur in the Community.
The plants shall have been found free, in these inspections, from the harmful organisms abovementioned. Infested plants shall be removed. The remaining plants shall be effectively treated.
be potted, at least during the same period, in pots which are placed either on shelves at least 50 cm above ground or onto flooring, impenetrable for nematodes, which is well maintained and free from debris;
be found free, in the inspections referred to in point 4, from the harmful organisms of concern specified in point 4 and not be affected by the measures referred to in point 5;
if they belong to the genus Pinus L. and in the case of grafting on a rootstock of a Pinus species other than Pinus parviflora Sieb. & Zucc., have a rootstock derived from sources officially approved as healthy material;
be made recognisable with a marking, exclusive for each individual plant and notified to the official plant protection organisation of the Republic of Korea, enabling the identification of the registered nursery and the year of potting.
The certificate shall indicate:
the name or the names of the registered nursery or nurseries;
the markings referred to in point 6, as far as they enable identification of the registered nursery and the year of potting;
the specification of the last treatment applied, prior to dispatch;
under ‘Additional Declaration’, the statement ‘This consignment meets the conditions laid down in Decision 2002/499/EC’.
the type of material;
the quantity;
the declared date of import;
the officially approved site where the plants will be held under the post-entry quarantine referred to in point 10.
The importers shall be officially informed, prior to the introduction, of the conditions laid down in points 1 to 12.
be supervised by the responsible official bodies of the Member State concerned and executed by officially approved and trained staff, with the possible assistance of the experts referred to in Article 21 of Directive 2000/29/EC under the procedure laid down therein;
be performed at an officially approved site provided with appropriate facilities sufficient to contain harmful organisms and maintain the material in such a way as to eliminate any risk of spreading harmful organisms;
be performed for each item of material:
by visual examination upon arrival and at regular intervals thereafter, having regard to the type of material and its state of development during the quarantine period, for harmful organisms or symptoms caused by any harmful organism;
by appropriate testing of any symptom observed in the visual examination in order to identify the harmful organisms having caused such symptoms.
The plant passport referred to in the first subparagraph shall indicate the name of the country of origin.
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