Commission Decision of 19 September 2002 on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in 't Veld sp. nov. (notified under document number C(2002) 3380) (2002/757/EC)

Article 1 U.K.

For the purpose of this Decision:

1.

‘the harmful organism’ means Phytophthora ramorum Werres, De Cock & Man in 't Veld sp. nov.

2.

‘[F1 susceptible plants’’ means plants, other than fruit and seeds, of Acer macrophyllum Pursh, Acer pseudoplatanus L., Adiantum aleuticum (Rupr.) Paris, Adiantum jordanii C. Muell., Aesculus californica (Spach) Nutt., Aesculus hippocastanum L., Arbutus menziesii Pursch., Arbutus unedo L., Arctostaphylos spp. Adans, Calluna vulgaris (L.) Hull, Camellia spp. L., Castanea sativa Mill., Fagus sylvatica L., Frangula californica (Eschsch.) Gray, Frangula purshiana (DC.) Cooper, Fraxinus excelsior L., Griselinia littoralis (Raoul), Hamamelis virginiana L., Heteromeles arbutifolia (Lindley) M. Roemer, Kalmia latifolia L., Laurus nobilis L., Leucothoe spp. D. Don, Lithocarpus densiflorus (Hook. & Arn.) Rehd., Lonicera hispidula (Lindl.) Dougl. ex Torr.&Gray, Magnolia spp. L., Michelia doltsopa Buch.-Ham. ex DC, Nothofagus obliqua (Mirbel) Blume, Osmanthus heterophyllus (G. Don) P. S. Green, Parrotia persica (DC) C.A. Meyer, Photinia x fraseri Dress, Pieris spp. D. Don, Pseudotsuga menziesii (Mirbel) Franco, Quercus spp. L., Rhododendron spp. L., other than Rhododendron simsii Planch., Rosa gymnocarpa Nutt., Salix caprea L., Sequoia sempervirens (Lamb. ex D. Don) Endl., Syringa vulgaris L., Taxus spp. L., Trientalis latifolia (Hook), Umbellularia californica (Hook. & Arn.) Nutt., Vaccinium ovatum Pursh and Viburnum spp. L.

3.

‘susceptible wood’ means wood of Acer macrophyllum Pursh, Aesculus californica (Spach) Nutt., Lithocarpus densiflorus (Hook. & Arn.) Rehd., Quercus spp. L. and Taxus brevifolia Nutt.

4.

‘susceptible bark’ means isolated bark of Acer macrophyllum Pursh, Aesculus californica (Spach) Nutt., Lithocarpus densiflorus (Hook. & Arn.) Rehd., Quercus spp. L. and Taxus brevifolia Nutt.]

Textual Amendments

F1 Substituted by Commission Decision of 27 March 2007 amending Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp.nov. (notified under document number C(2007) 1292) (2007/201/EC).

Article 2 U.K.

The introduction into the Community and spread within the Community of non-European or European isolates of the harmful organism shall be banned.

Article 3 U.K.

[F2 1. Susceptible plants and susceptible wood may only be introduced into the territory of the Union if they comply with the emergency phytosanitary measures laid down in points 1a and 2 of Annex I to this Decision, if the formalities referred to in the first subparagraph of Article 13(1) of Directive 2000/29/EC are completed and if, as a result of those formalities in respect of the presence of non-European isolates of the harmful organism, susceptible plants and susceptible wood are found free from the harmful organism.

[F3 By way of derogation from the first subparagraph, until 31 December 2026 bark-free sawn wood of Quercus spp. L. originating in the United States of America may be introduced into the Union without complying with point 2 of Annex I to this Decision, provided that it complies with the conditions set out in Annex II to this Decision.] ]

2. The provisions specified in points 1a and 2 [F2 of Annex I to this Decision] shall apply only to susceptible plants and susceptible wood originating in the United States of America destined for the Community and leaving on or after 1 November 2002.

3. The measures laid down in Part A, Section I(3) of Annex IV as regards wood of Quercus L., including wood which has not kept its natural round surface, originating in the United States of America, shall not apply to susceptible wood of Quercus L. which satisfies the requirements of point 2(b) [F2 of Annex I to this Decision].

4. As of 1 November 2002[F4 plants intended for planting of Viburnum spp., Camellia spp. and Rhododendron spp., other than Rhododendron simsii Planch, other than seeds], originating in third countries, other than the United States of America, introduced into the Community may only be moved in the Community if they are accompanied by a plant passport prepared and issued in accordance with Commission Directive 92/105/EEC(1).

Textual Amendments

F2 Substituted by Commission Implementing Decision of 18 December 2013 amending Decision 2002/757/EC as regards the phytosanitary certificate requirement in respect of the harmful organism Phytophthora ramorum Werres, De Cock & Man in ’t Veld sp. nov. for bark-free sawn wood of Acer macrophyllum Pursh and Quercus spp. L. originating in the United States of America (notified under document C(2013) 9181) (2013/782/EU).

F3 Substituted by Commission Implementing Decision (EU) 2016/1967 of 8 November 2016 amending Article 3 of Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in 't Veld sp. nov. (notified under document C(2016) 7075).

F4 Substituted by Commission Decision of 29 April 2004 amending Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in ’t Veld sp. nov. (notified under document number C(2004) 1585) (Text with EEA relevance) (2004/426/EC).

Article 4 U.K.

Susceptible bark originating in the United States of America shall not be permitted entry in the Community.

[F4 Article 5 U.K.

1. Plants intended for planting of Viburnum spp., Camellia spp. and Rhododendron spp., other than Rhododendron simsii Planch, other than seeds, originating in the Community may not be moved [F1 within the Community] unless they meet the conditions laid down in point 3 [F2 of Annex I to this Decision] . The producers of these plants shall be registered in accordance with the provisions of Commission Directive 92/90/EEC (2) .

2. Member States shall ensure that the registered producers shall notify every suspected occurrence or confirmed presence of the harmful organism on the place of production to their own responsible official bodies.]

Textual Amendments

F1 Substituted by Commission Decision of 27 March 2007 amending Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp.nov. (notified under document number C(2007) 1292) (2007/201/EC).

F2 Substituted by Commission Implementing Decision of 18 December 2013 amending Decision 2002/757/EC as regards the phytosanitary certificate requirement in respect of the harmful organism Phytophthora ramorum Werres, De Cock & Man in ’t Veld sp. nov. for bark-free sawn wood of Acer macrophyllum Pursh and Quercus spp. L. originating in the United States of America (notified under document C(2013) 9181) (2013/782/EU).

F4 Substituted by Commission Decision of 29 April 2004 amending Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in ’t Veld sp. nov. (notified under document number C(2004) 1585) (Text with EEA relevance) (2004/426/EC).

Article 6 U.K.

[F4 1. Member States shall conduct official surveys for the harmful organism in their territory, including both cultivated and uncultivated/unmanaged plants, to determine whether there is evidence of infestation by the harmful organism.]

[F1 2. Without prejudice to the provisions of Article 16(1) of Directive 2000/29/EC, the results of these surveys provided for in the first paragraph shall be notified to the Commission and to the other Member States annually by 1 December.]

[F5 3. Member States may take appropriate measures within their territory to carry out official monitoring of movements of susceptible plants to ascertain whether they comply with the conditions set out in this Decision.]

Textual Amendments

F1 Substituted by Commission Decision of 27 March 2007 amending Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp.nov. (notified under document number C(2007) 1292) (2007/201/EC).

F4 Substituted by Commission Decision of 29 April 2004 amending Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in ’t Veld sp. nov. (notified under document number C(2004) 1585) (Text with EEA relevance) (2004/426/EC).

F5 Inserted by Commission Decision of 29 April 2004 amending Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in ’t Veld sp. nov. (notified under document number C(2004) 1585) (Text with EEA relevance) (2004/426/EC).

[F6 Article 6a U.K.

1. Member States shall inform the Commission and the other Member States in writing when they have made use of the derogation provided for in the second subparagraph of Article 3(1).

Member States that made use of the derogation shall provide the Commission and the other Member States before 15 July each year with information on the number of consignments imported in the previous year pursuant to the second subparagraph of Article 3(1) of this Decision and with a detailed report of all cases of interceptions as referred to in paragraph 2 of this Article.

2. Member States shall notify the Commission and the other Member States no later than two working days after the date of interception of each consignment introduced into their territory pursuant to the second subparagraph of Article 3(1) which does not comply with the conditions set out in Annex II.

3. The Commission shall request the United States of America to provide it with the technical information necessary to allow the Commission to assess the functioning of the Kiln Drying Sawn Hardwood Lumber Certification Program.]

Textual Amendments

F6 Inserted by Commission Implementing Decision of 18 December 2013 amending Decision 2002/757/EC as regards the phytosanitary certificate requirement in respect of the harmful organism Phytophthora ramorum Werres, De Cock & Man in ’t Veld sp. nov. for bark-free sawn wood of Acer macrophyllum Pursh and Quercus spp. L. originating in the United States of America (notified under document C(2013) 9181) (2013/782/EU).

Article 7 U.K.

Member States shall adjust at the latest, by 31 October 2002, the measures which they have adopted with a view to protecting themselves against the introduction and spread of the harmful organism in such a manner that the measures comply with this Decision and shall forthwith inform the Commission of the adjusted measures.

Article 8 U.K.

This Decision shall be reviewed by [F1 31 January 2008] at the latest.

Textual Amendments

F1 Substituted by Commission Decision of 27 March 2007 amending Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp.nov. (notified under document number C(2007) 1292) (2007/201/EC).

Article 9 U.K.

This Decision is addressed to the Member States.