- Latest available (Revised)
- Original (As adopted by EU)
After exit day there will be three versions of this legislation to consult for different purposes. The legislation.gov.uk version is the version that applies in the UK. The EU Version currently on EUR-lex is the version that currently applies in the EU i.e you may need this if you operate a business in the EU.
The web archive version is the official version of this legislation item as it stood on exit day before being published to legislation.gov.uk and any subsequent UK changes and effects applied. The web archive also captured associated case law and other language formats from EUR-Lex.
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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
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).
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.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.
The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.
For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: