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Document 32004L0102
Commission Directive 2004/102/EC of 5 October 2004 amending Annexes II, III, IV and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
Commission Directive 2004/102/EC of 5 October 2004 amending Annexes II, III, IV and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
Commission Directive 2004/102/EC of 5 October 2004 amending Annexes II, III, IV and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
OJ L 309, 6.10.2004, p. 9–25
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV) This document has been published in a special edition(s)
(BG, RO, HR)
OJ L 183M, 5.7.2006, p. 229–245
(MT)
No longer in force, Date of end of validity: 13/12/2022
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Modifies | 32000L0029 | Amendment | annex 4 | 26/10/2004 | |
Modifies | 32000L0029 | Amendment | annex 5 | 26/10/2004 | |
Modifies | 32000L0029 | Amendment | annex 2 | 26/10/2004 | |
Modifies | 32000L0029 | Amendment | annex 3 | 26/10/2004 |
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Corrected by | 32004L0102R(01) | (LV) |
6.10.2004 |
EN |
Official Journal of the European Union |
L 309/9 |
COMMISSION DIRECTIVE 2004/102/EC
of 5 October 2004
amending Annexes II, III, IV and V to Council Directive 2000/29/EC 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 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 points (c) and (d) of the second paragraph of Article 14 thereof,
Whereas:
(1) |
Directive 2000/29/EC stipulates that wood of conifers (Coniferales), except that of Thuja L., in the form of packing cases, crates, drums, pallets, box pallets or other load boards, dunnage, spacers and bearers including that which has not kept its natural round surface, originating in Canada, China, Japan, Korea, Taiwan and the USA shall be stripped of its bark, and shall be free from grub holes larger than 3 mm across, and shall have a moisture content expressed as a percentage of dry matter, of less than 20 %, achieved at the time of manufacture. |
(2) |
The FAO International Standard for Phytosanitary Measures No 15 on Guidelines for regulating wood packaging material in international trade (2) contains phytosanitary measures in respect of movement of wood packaging material in the form of packing cases, crates, drums, pallets, load boards, pallet collars and dunnage, aiming at reducing the risk of introduction and/or spread of quarantine pests associated with wood packaging material, made of coniferous and non-coniferous raw wood, in use in international trade. The relevant provisions of Directive 2000/29/EC on wood packaging material should be brought in line with the provisions of the said Guidelines. |
(3) |
The provisions for wood originating in countries where Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. is known to occur should be modified as new technical treatments against this pathogen became available. |
(4) |
The provisions for wood originating in Russia, Kazakhstan, and Turkey and other third countries should be improved and adjusted to better protect the Community against the introduction of wood affecting harmful organisms and to take into account new technical treatments, which recently became available against wood affecting harmful organisms. |
(5) |
These improved measures should include the use of a ‘phytosanitary certificate’ for wood products originating in third countries. |
(6) |
The provisions as regards Cryphonectria parasitica (Murrill.) Barr. should be modified to take into account the updated information on its presence in the Community and its risk of introduction into and spread within the Community with wood and isolated bark of Castanea Mill., by restricting them to protected zones in the Czech Republic, Denmark, Greece, Ireland, Sweden and the United Kingdom where it has been determined that this organism is not present. |
(7) |
The provisions as regards wood products which must be subjected to a plant health inspection in the country of origin or the consignor country, if originating outside the Community, before being permitted to enter the Community or moved within the Community, should be modified in the light of the changes made to the technical requirements on such wood and changes in the tariff and statistical nomenclature and the Common Customs Tariff. |
(8) |
The provisions as regards the risk of introduction of harmful organisms with isolated bark of conifers (Coniferales) originating in certain third countries should be modified, as new information became available on treatment of such isolated bark, obviating the above risk. |
(9) |
The harmful organism Ceratocystis virescens (Davidson) Moreau is likely to become the generally accepted name for the organism Ceratocystis coerulescens (Münch) Bakshi. |
(10) |
The relevant annexes to Directive 2000/29/EC should therefore be amended accordingly. |
(11) |
The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health, |
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annexes II, III, IV and V to Directive 2000/29/EC are amended in accordance with the Annex to this Directive.
Article 2
1. Member States shall adopt and publish by 28 February 2005 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
They shall apply those provisions from 1 March 2005.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law, which they adopt in the field governed by this Directive.
Article 3
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 5 October 2004.
For the Commission
David BYRNE
Member of the Commission
(1) OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2004/70/EC (OJ L 127, 29.4.2004, p. 97).
(2) ISPM No 15, March 2002, FAO, Rome.
ANNEX
1.
In Annex II, Part A, Section I, point (c) 4 is replaced by the following:
|
Plants of Acer saccharum Marsh., other than fruit and seeds, originating in the USA and Canada, wood of Acer saccharum Marsh., including wood which has not kept its natural round surface, originating in the USA and Canada’. |
2.
In Annex II, Part A, Section II, point (c) 3, the text of the right hand column is replaced by the following:‘Plants of Castanea Mill and Quercus L., intended for planting, other than seeds’.
3.
In Annex II, Part B(c), the following point is added before point 1:
|
Wood, excluding wood which is bark-free, and isolated bark of Castanea Mill. |
CZ, DK, EL, (Crete, Lesvos) IRL, S, UK (except the Isle of Man)’. |
4.
In Annex III, Part A, point 4 is deleted.
5.
Annex IV, Part A, Section I, points 1.1, 1.2, 1.3, 1.4 and 1.5 are replaced by the following:
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Official statement that the wood has undergone an appropriate:
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Official statement that the wood has undergone an appropriate:
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Official statement that the wood:
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Official statement that the wood:
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Official statement that the wood:
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Official statement that the wood:
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Official statement that the wood:
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6.
In Annex IV, Part A, Section I, a new point 2 is added:
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The wood packaging material shall:
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7.
In Annex IV, part A, Section I, point 2.1. is replaced by the following:
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Official statement that the wood has undergone kiln-drying to below 20 % moisture content, expressed as a percentage of dry matter, achieved through an appropriate time/temperature schedule. There shall be evidence thereof by a mark “Kiln-dried” or “KD” or another internationally recognised mark, put on the wood or on any wrapping in accordance with current usage.’ |
8.
In Annex IV, Part A, Section I, point 2.2. is replaced by the following:
|
Official statement that the wood originates in areas known to be free from Ceratocystis virescens (Davidson) Moreau and is intended for the production of veneer sheets.’ |
9.
In Annex IV, part A, Section I, point 3 is replaced by the following:
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Official statement that the wood:
|
10.
In Annex IV, Part A, Section I, point 4, is deleted.
11.
In Annex IV, Part A, Section I, point 5 is replaced by the following:
‘Wood of Platanus L., except that in the form of chips, particles, sawdust, shavings, wood waste and scrap, but including wood which has not kept its natural round surface, originating in the USA or Armenia. |
Official statement that the wood has undergone kiln-drying to below 20 % moisture content, expressed as a percentage of dry matter, achieved through an appropriate time/temperature schedule. There shall be evidence thereof by a mark “kiln-dried” or “KD” or another internationally recognised mark, put on the wood or on any wrapping in accordance with current usage.’ |
12.
In Annex IV, Part A, Section I, point 6 is replaced by the following:
‘Wood of Populus L., except that in the form of chips, particles, sawdust, shavings, wood waste and scrap, but including wood which has not kept its natural round surface, originating in countries of the American continent. |
Official statement that the wood:
|
13.
In Annex IV, Part A, Section I, point 7, is replaced by the following:
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Official statement that the wood:
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Official statement that the wood:
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14.
In Annex IV, Part A, Section I, a new point 7.3. is added:
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Official statement that the isolated bark:
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15.
In Annex IV, Part A, Section I, a new point 8 is added:
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The wood shall:
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16.
In Annex IV, Part A, Section I, point 11.1., is replaced by the following:
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Without prejudice to the provisions applicable to the plants listed in Annex III(A)(2), official statement that the plants originate in areas known to be free from Ceratocystis fagacearum (Bretz) Hunt. |
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Without prejudice to the prohibitions applicable to the plants listed in Annex III(A)(2) and IV(A)(I)(11.01.), official statement that no symptoms of Cronartium spp. (non-European) have been observed at the place of production or its immediate vicinity since the beginning of the last complete cycle of vegetation.’ |
17.
In Annex IV, Part A, Section I, point 12, the text in the left hand column is replaced by the following:
‘12. |
Plants of Platanus L., intended for planting, other than seeds, originating in the USA or Armenia.’ |
18.
In Annex IV, Part A, Section II, points 1 and 3 are deleted.
19.
In Annex IV, Part B, a new point 6.3. is added:
|
|
CZ, DK, EL, (Crete, Lesvos) IRL, S, UK (except the Isle of Man)’. |
20.
In Annex IV, Part B, point 14.1, the words ‘without prejudice to the prohibitions applicable to the bark listed in Annex III(a)(4)’ in the middle column are deleted.
21.
In Annex IV, Part B, points 14.2, 14.3, 14.4, 14.5 and 14.6 the words ‘Annex III(A)(4),’ in the middle column are deleted.
22.
In Annex IV, Part B, a new point 14.9. is added:
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Official statement that the isolated bark:
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CZ, DK, EL, (Crete, Lesvos) IRL, S, UK (except the Isle of Man)’. |
23.
In Annex V, Part A, Section I, shall be amended as follows:
(a) |
Point 1.7. is replaced by the following:
|
(b) |
point 1.8. is deleted |
24.
Annex V, Part A, Section II, shall be amended as follows:
(a) |
point 1.10. is replaced by the following:
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(b) |
point 1.11. is replaced by the following:
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25.
In Annex V, Part B, Section I, point 2, third indent is replaced by the following:
‘— |
Acer saccharum Marsh., originating in the USA and Canada.’ |
26.
In Annex V, Part B, Section I, point 5, the first indent is replaced by the following:
‘— |
conifers (Coniferales), originating in non-European countries.’ |
27.
In Annex V, Part B, Section I, point 6, is replaced by the following:
‘6. |
Wood within the meaning of the first subparagraph of Article 2(2), where it:
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28.
In Annex V, Part B, Section II, point 7, is replaced by the following:
‘7. |
Wood within the meaning of the first subparagraph of Article 2(2), where it:
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29.
In Annex V, Part B, Section II, a new point 9 is added:‘9. Isolated bark of conifers (Coniferales) originating in European third countries.’.
(1) OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Commission Regulation (EC) No 1558/2004 (OJ L 283, 2.9.2004, p. 7).