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Document 02000L0029-20140630

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

ELI: http://data.europa.eu/eli/dir/2000/29/2014-06-30

2000L0029 — EN — 30.06.2014 — 023.001


This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

►B

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

(OJ L 169, 10.7.2000, p.1)

Amended by:

 

 

Official Journal

  No

page

date

►M1

COMMISSION DIRECTIVE 2001/33/EC of 8 May 2001

  L 127

42

9.5.2001

►M2

COMMISSION DIRECTIVE 2002/28/EC of 19 March 2002

  L 77

23

20.3.2002

►M3

COMMISSION DIRECTIVE 2002/36/EC of 29 April 2002

  L 116

16

3.5.2002

►M4

COUNCIL DIRECTIVE 2002/89/EC of 28 November 2002

  L 355

45

30.12.2002

►M5

COMMISSION DIRECTIVE 2003/22/EC of 24 March 2003

  L 78

10

25.3.2003

 M6

COUNCIL REGULATION (EC) No 806/2003 of 14 April 2003

  L 122

1

16.5.2003

►M7

COMMISSION DIRECTIVE 2003/47/EC of 4 June 2003

  L 138

47

5.6.2003

►M8

COMMISSION DIRECTIVE 2003/116/EC of 4 December 2003

  L 321

36

6.12.2003

►M9

COMMISSION DIRECTIVE 2004/31/EC of 17 March 2004

  L 85

18

23.3.2004

►M10

COMMISSION DIRECTIVE 2004/70/EC Text with EEA relevance of 28 April 2004

  L 127

97

29.4.2004

 M11

REGULATION (EC) No 882/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004

  L 165

1

30.4.2004

►M12

COMMISSION DIRECTIVE 2004/102/EC of 5 October 2004

  L 309

9

6.10.2004

 M13

COUNCIL DIRECTIVE 2005/15/EC of 28 February 2005

  L 56

12

2.3.2005

►M14

COMMISSION DIRECTIVE 2005/16/EC of 2 March 2005

  L 57

19

3.3.2005

►M15

COMMISSION DIRECTIVE 2005/77/EC of 11 November 2005

  L 296

17

12.11.2005

 M16

COMMISSION DIRECTIVE 2006/14/EC of 6 February 2006

  L 34

24

7.2.2006

►M17

COMMISSION DIRECTIVE 2006/35/EC of 24 March 2006

  L 88

9

25.3.2006

►M18

COMMISSION DIRECTIVE 2007/41/EC of 28 June 2007

  L 169

51

29.6.2007

►M19

COMMISSION DIRECTIVE 2008/64/EC of 27 June 2008

  L 168

31

28.6.2008

 M20

COMMISSION DIRECTIVE 2008/109/EC of 28 November 2008

  L 319

68

29.11.2008

►M21

COMMISSION DIRECTIVE 2009/7/EC of 10 February 2009

  L 40

12

11.2.2009

►M22

COMMISSION DIRECTIVE 2009/118/EC of 9 September 2009

  L 239

51

10.9.2009

►M23

COUNCIL DIRECTIVE 2009/143/EC of 26 November 2009

  L 318

23

4.12.2009

►M24

COMMISSION DIRECTIVE 2010/1/EU of 8 January 2010

  L 7

17

12.1.2010

 M25

COMMISSION IMPLEMENTING DECISION of 9 April 2013

  L 102

19

11.4.2013

►M26

COMMISSION IMPLEMENTING DIRECTIVE 2014/19/EU of 6 February 2014

  L 38

30

7.2.2014

►M27

COMMISSION IMPLEMENTING DIRECTIVE 2014/78/EU of 17 June 2014

  L 183

23

24.6.2014

►M28

COMMISSION IMPLEMENTING DIRECTIVE 2014/83/EU of 25 June 2014

  L 186

64

26.6.2014

►M29

REGULATION (EU) No 652/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 May 2014

  L 189

1

27.6.2014


Amended by:

►A1

  L 236

33

23.9.2003


Corrected by:

 C1

Corrigendum, OJ L 002, 7.1.2003, p. 40  (2000/29)

 C2

Corrigendum, OJ L 138, 5.6.2003, p. 49  (806/2003)

►C3

Corrigendum, OJ L 191, 28.5.2004, p. 1  (882/2004)

►C4

Corrigendum, OJ L 137, 31.5.2005, p. 48  (2000/29)

►C5

Corrigendum, OJ L 020, 24.1.2008, p. 35  (2000/29)




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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



THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament ( 1 ),

Having regard to the opinion of the Economic and Social Committee ( 2 ),

Whereas:

(1)

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 ( 3 ). For the sake of clarity and rationality, it has been amended on a number of occasions, often substantively ( 4 ). It should therefore be consolidated.

(2)

Plant production is very important to the Community.

(3)

Plant production yields are consistently reduced through the effects of harmful organisms.

(4)

The protection of plants against such organisms is absolutely necessary not only to avoid reduced yields but also to increase agricultural productivity.

(5)

Action aimed at the systematic eradication of harmful organisms within the Community, established by the plant health regime applicable in the Community as an area without internal frontiers, would have only limited effect if protective measures against their introduction into the Community were not applied at the same time.

(6)

The need for such measures has long been recognised and they have formed the subject of many national regulations and international conventions, including the International Plant Protection Convention (IPPC) of 6 December 1951 concluded at the United Nations Food and Agricultural Organisation (FAO), which is of worldwide interest.

(7)

One of the most important measures consists in listing the particularly dangerous harmful organisms whose introduction into the Community must be prohibited and also the harmful organisms whose introduction into the Member States when carried by certain plants or plant products must also be prohibited.

(8)

The presence of some of these harmful organisms, when plants or plant products are introduced from countries in which these organisms occur, cannot be effectively checked. It is therefore necessary to make minimum provision for bans on the introduction of certain plants and plant products, or to provide for special checks to be made in the producer countries.

(9)

Such plant health checks must be limited to introductions of products originating in non-member countries and to cases where there is strong evidence that one of the plant-health provisions has not been observed.

(10)

It is necessary to make provision under certain conditions permitting derogations from a certain number of provisions. Experience has shown that the same degree of urgency may be attached to a certain number of derogations as is attached to the safeguard provisions. Therefore the urgency procedure specified in this Directive should also be made applicable to these derogations.

(11)

Temporary safeguard measures not laid down in this Directive should normally be adopted by the Member State where the problem originates in the case of imminent danger of the introduction or spread of harmful organisms. The Commission should be informed of all events which require the adoption of safeguard measures.

(12)

Given the importance of the trade in plants and plant products between the French overseas departments and the remainder of the Community, it is desirable to apply the provisions of this Directive to them. In view of the special nature of the agricultural production of the French overseas departments, it is appropriate to provide for additional protective measures justified on grounds of the protection of health and life of plants therein. The provisions of this Directive should also be extended to protective measures against the introduction of harmful organisms into the French overseas departments from other parts of France.

(13)

Council Regulation (EEC) No 1911/91 of 26 June 1991 on the applications of the provisions of Community law to the Canary Islands ( 5 ) integrates the Canary Islands into the Community customs territory and into the common policies. Under Articles 2 and 10 of that Regulation, application of the common agricultural policy is subject to the entry into force of specific supply arrangements. Such application must also be accompanied by specific measures concerning agricultural production.

(14)

Council Decision 91/314/EEC of 26 June 1991 setting up a programme of options specific to the remote and insular nature of the Canary Islands (Poseican) ( 6 ) outlines the options to be implemented to take account of the specific problems and constraints faced by those islands.

(15)

To accommodate therefore the specific plant health situation in the Canary Islands, it is appropriate to extend the application of certain measures of this Directive for a period expiring six months after the date by which Member States must have implemented forthcoming provisions dealing with the Annexes to this Directive for the protection of the French overseas departments and of the Canary Islands.

(16)

It is appropriate to adopt, for the purposes of this Directive, the model certificates approved under the IPPC, as amended on 21 November 1979, in a standardised lay-out which has been drawn up in close cooperation with international organisations. It is also appropriate to lay down certain rules concerning the conditions in accordance with which such certificates may be issued, certain rules for the use of previous models during a transitional period, and certification requirements in the case of the introduction of plants and plant products from third countries.

(17)

In the case of importations of plants or plant products from third countries the authorities responsible in such countries for issuing certificates should be, in principle, those empowered under the IPPC. It could be desirable to establish lists of these authorities for the non-contracting third countries.

(18)

The procedure applicable to certain types of amendments to be made to the Annexes to this Directive should be simplified.

(19)

The scope of this Directive should be clarified in respect of ‘wood’. In particular, it is useful to follow the detailed descriptions of ‘wood’ set out in Community Regulations.

(20)

Certain seeds are not included amongst the plants, plant products and other objects, listed in the Annexes to this Directive, which must be subjected to a plant health inspection in the country of origin or the consignor country before being permitted to enter in the Community or in intra-Community trade.

(21)

It is appropriate to provide in certain cases that the official inspection of plants, plant products and other objects coming from third countries should be carried out by the Commission in the third country of origin.

(22)

The Community inspections must be made by experts employed by the Commission, and also by experts employed by Member States, whose services are made available to the Commission. The roles of these experts should be defined in connection with the activities required under the Community plant health regime.

(23)

The scope of the regime should no longer be restricted to trade between Member States and third countries, but should also be extended to marketing within single Member States.

(24)

In principle, all parts of the Community should benefit from the same degree of protection against harmful organisms. However, differences in ecological conditions and in the distribution of certain harmful organisms must be taken into account. In consequence, ‘protected zones’ exposed to particular plant health risks should be defined and should be accorded special protection under conditions compatible with the internal market.

(25)

The application of the Community plant health regime to the Community as an area without internal frontiers, and the introduction of protected zones make it necessary to distinguish between requirements applicable to Community products on the one hand and those applicable to imports from third countries on the other, and to identify harmful organisms relevant for protected zones.

(26)

The most appropriate place for carrying out plant-health checks is the place of production. In respect of Community products, these checks must therefore be made mandatory at the place of production and should extend to all relevant plants and plant products grown, produced, used or otherwise present there, and to the growing medium used there. For the efficient operation of such a system of checks, all producers should be officially registered.

(27)

To ensure more effective application of the Community plant-health regime in the internal market, it must be possible to use, for the purpose of plant-health checks, available official manpower other than that of Member States' official plant-protection services, whose training should be coordinated and supported financially by the Community.

(28)

If the results of the checks are satisfactory, instead of the phytosanitary certificate used in international trade, Community products will bear an agreed mark (plant passport), adapted to the type of product, in order to ensure its free movement throughout the Community or those parts thereof for which it is valid.

(29)

The official measures to be taken when the results of the checks are not satisfactory should be specified.

(30)

To ensure compliance with the Community plant-health regime in the context of the internal market, a system of official checks during marketing should be established. This system should be as reliable and uniform as possible throughout the Community but should exclude specific controls at borders between Member States.

(31)

In the framework of the internal market, products originating in third countries should in principle be subjected to plant-health checks on first introduction into the Community. If the results of the checks are satisfactory, third country products should be issued with a plant passport ensuring free movement in the same way as Community products.

(32)

In order to confront the situation created by the completion of the internal market with the necessary guarantees, it is essential to reinforce the plant-health inspection infrastructure at national and Community level at the Community's external frontiers, paying particular attention to those Member States which, by reason of their geographical situation, are points of entry to the Community. The Commission will propose the inclusion in the General Budget of the European Union of the necessary appropriations for that purpose.

(33)

With a view to improving the efficiency of the Community plant-health regime in the context of the internal market, the Member States should harmonise the practices of the personnel responsible for plant-health. The Commission will submit, before 1 January 1993, a Community code of plant-health practice.

(34)

It is no longer possible for Member States to adopt any special plant-health provisions on the introduction into their territory of plants or plant products originating in other Member States. All provisions on plant-health requirements for plants and plant products should be established at Community level.

(35)

It is necessary to establish a system of Community financial contributions to share at Community level the burden of possible risks which might remain in trade under the Community plant-health regime.

(36)

In order to prevent infections by harmful organisms introduced from third countries, there should be a Community financial contribution aimed at reinforcing the plant health inspection infrastructure at the Community's external frontiers.

(37)

The regime should also provide for adequate contributions to certain expenses for specific measures, which Member States have adopted to control and, where applicable, eradicate infections by harmful organisms introduced from third countries or from other areas in the Community, and, where possible, to repair the damage caused.

(38)

The details of the mechanism for granting the Community financial contribution should be determined under a rapid procedure.

(39)

It must be ensured that the Commission is informed in full of the possible causes for the introduction of the harmful organisms concerned.

(40)

In particular, the Commission should monitor correct application of the Community plant-health regime.

(41)

It should be established that the introduction of the harmful organisms has been caused by inadequate examinations or inspections. Community law should apply in respect of the consequences, taking into account certain specific measures.

(42)

It is appropriate for Member States and the Commission to cooperate closely within the Standing Committee on Plant Health set up by Council Decision 76/894/EEC ( 7 ).

(43)

This Directive must not affect the obligations of the Member States concerning the time-limits for transposition and application set out in Annex VIII, Part B,

HAS ADOPTED THIS DIRECTIVE:



Article 1

1.  This Directive concerns protective measures against the introduction into the Member States from other Member States or third countries of organisms which are harmful to plants or plant products.

It also concerns:

(a) with effect from 1 June 1993, protective measures against the spread of harmful organisms within the Community by means related to movements of plants, plant products and other related objects within a Member State;

(b) protective measures against the introduction of harmful organisms into the French overseas departments from other parts of France and, conversely, into other parts of France from the French overseas departments;

(c) protective measures against the introduction of harmful organisms into the Canary Islands from other parts of Spain and, conversely, into other parts of Spain from the Canary Islands;

▼M4

(d) the model of ‘Phytosanitary Certificates’ and ‘phytosanitary certificates for Re-export’ or their electronic equivalent issued by Member States under the International Plant Protection Convention (IPPC).

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2.  Without prejudice to the conditions to be established for the protection of the plant-health situation existing in certain regions in the Community, taking into account the differences in agricultural and ecological conditions, protective measures which are justified on grounds of the protection of health and life of plants in the French overseas departments and in the Canary Islands which are additional to those laid down in this Directive may be determined ►M4  in accordance with the procedure referred to in Article 18(2) ◄ .

3.  This Directive shall not apply to Ceuta or Melilla.

▼M4

4.  The Member States shall ensure a close, rapid, immediate and effective cooperation between themselves and the Commission in relation to matters covered by this Directive. To this end, each Member State shall establish or designate a single authority, which shall be responsible, at least, for the coordination and contact in relation to such matters. The official plant protection organisation set up under the IPPC shall preferably be designated for this purpose.

This authority and any subsequent change shall be notified to the other Member States and to the Commission.

In accordance with the procedure referred to in Article 18(2) the single authority may be authorised to assign or delegate tasks of coordination or contact, insofar as they relate to distinct plant health matters covered by this Directive, to another service.

▼B

5.  In respect of the protective measures against the introduction of harmful organisms from the French overseas departments into other parts of France and into the other Member States and against their spread within the French overseas departments, the dates referred to in paragraph 1(a) of this Article, Article 3(4), Article 4(2) and (4), Article 5(2) and (4), Article 6(5) and (6), Article 10(1) and (2) and Article 13(8), (10) and (11) shall be replaced by a date which corresponds to the end of a six-month period following the date by which Member States must implement forthcoming provisions dealing with Annexes I to V for the protection of the French overseas departments. With effect from the same date, paragraph 1(b) and paragraph 2 of this Article shall be deleted.

6.  In respect of the protective measures against the introduction of harmful organisms from the Canary Islands into other parts of Spain and into the other Member States and against their spread within the Canary Islands, the dates referred to in paragraph 1(a) of this Article, Article 3(4), Article 4(2) and (4), Article 5(2) and (4), Article 6(5) and (6), Article 10(1) and (2) and Article 13(8), (10) and (11) shall be replaced by a date which corresponds to the end of a six-month period following the date by which Member States must implement forthcoming provisions dealing with Annexes I to V for the protection of the Canary Islands. With effect from the same date, paragraph 1(c) of this Article shall be deleted.

Article 2

1.  For the purposes of this Directive:

(a)  plants shall be considered to mean: living plants and specified living parts thereof, including seeds;

living parts of plants shall be considered to include:

 fruit, in the botanical sense, other than that preserved by deep freezing,

 vegetables, other than those preserved by deep freezing,

 tubers, corms, bulbs, rhizomes,

 cut flowers,

 branches with foliage,

 cut trees retaining foliage,

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 leaves, foliage,

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 plant tissue cultures,

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 live pollen,

 bud-wood, cuttings, scions,

 any other part of plants, which may be specified in accordance with the procedure referred to in Article 18(2).

▼B

seeds shall be considered to mean: seeds in the botanical sense, other than those not intended for planting;

(b)  plant products shall be considered to mean: products of plant origin, unprocessed or having undergone simple preparation, in so far as these are not plants;

(c)  planting shall be considered to mean: any operation for the placing of plants to ensure their subsequent growth, reproduction or propagation;

(d)  plants intended for planting shall be considered to mean:

 plants which are already planted and are intended to remain planted or to be replanted after their introduction, or

 plants which are not planted at the time of introduction, but are intended to be planted thereafter;

▼M4

(e)  harmful organisms shall be considered to mean: any species, strain or biotype of plant, animal or pathogenic agent injurious to plants or plant products;

▼B

(f)  plant passport shall be considered to mean: an official label which gives evidence that the provisions of this Directive related to plant health standards and special requirements are satisfied, and which is:

 standardised at Community level for different types of plants or plant products, and

 prepared by the responsible official body in a Member State and issued in accordance with the implementing rules governing the details of the procedure for issuing plant passports.

For specific types of product, official agreed marks other than a label may be decided on in accordance with the procedure laid down in Article 18.

The standardisation shall be established in accordance with the procedure laid down in ►M4  Article 18(2) ◄ . Under this standardisation, different marks shall be determined for plant passports which are not valid, in accordance with the second subparagraph of Article 10(1), for all parts of the Community;

(g)  the responsible official bodies in a Member State shall be:

(i) the official plant protection ►M4  organisation(s) ◄ of a Member State referred to in Article 1(4); or

(ii) any State authority established

 at national level,

 or, under the supervision within the limits set by the constitution of the Member State concerned, of national authorities at regional level.

The responsible official bodies in a Member State may, in accordance with national legislation, delegate the tasks provided for in this Directive to be accomplished under their authority and supervision to a legal person, whether governed by public or private law, provided that such person, and its members, has no personal interest in the outcome of the measure it takes.

The responsible official bodies in the Member States shall ensure that the legal person referred to in the second subparagraph is, under its officially approved constitution, charged exclusively with specific public functions, with the exception of laboratory testing which such legal person may perform even where the laboratory testing does not form part of its specific public functions.

Notwithstanding the third subparagraph, the responsible official bodies in a Member State may delegate the laboratory testing provided for in this Directive to a legal person which does not comply with that provision.

The laboratory testing may only be delegated if the responsible official body ensures throughout the time of the delegation that the legal person to which it delegates laboratory testing can assure impartiality, quality and protection of confidential information, and that no conflict of interest exists between the exercise of the tasks delegated to it and its other activities.

The Member States shall ensure that there is close cooperation between the bodies referred to in point (ii) of the first subparagraph and those referred to in point (i) thereof.

Moreover, ►M4  in accordance with the procedure referred to in Article 18(2) ◄ , other legal persons established on behalf of the body or bodies referred to in point (i) of the first subparagraph and acting under the authority and supervision of such body may be approved, provided that such person has no personal interest in the outcome of the measures it takes.

The single authority referred to in Article 1(4) shall inform the Commission of the responsible official bodies in the Member State concerned. The Commission shall forward that information to the other Member States;

(h)  protected zone shall be considered to mean a zone in the Community:

 in which one or more harmful organisms referred to in this Directive, which are established in one or more parts of the Community, are not endemic or established despite favorable conditions for them to establish themselves there,

 in which there is a danger that certain harmful organisms will establish, given propitious ecological conditions, for particular crops, despite the fact that these organisms are not endemic or established in the Community,

and which has been recognised, ►M4  in accordance with the procedure referred to in Article 18(2) ◄ , as fulfilling the conditions set out in the first and second indents and, in the case referred to in the first indent, at the request of the Member State(s) concerned and on the grounds that the results of appropriate surveys which have been monitored by the experts referred to in Article 21 under the procedure laid down therein show no evidence to the contrary. In the eventuality referred to in the second indent, surveys are optional.

A harmful organism shall be considered to be established in an area if it is known to occur there and if either no official measures have been taken there with a view to its eradication or such measures have proved, for a period of at least two successive years, to be ineffective.

The Member State(s) concerned shall conduct, with respect to the case provided for in the first indent of the first subparagraph, regular and systematic official surveys on the presence of organisms in respect of which the protected zone has been recognised. Each finding of such organisms shall immediately be notified ►M4  in writing ◄ to the Commission. The risk arising from such finding shall be assessed by the Standing Committee on Plant Health and appropriate action decided on ►M4  in accordance with the procedure referred to in Article 18(2) ◄ .

The details of the surveys referred to in the first and third subparagraphs may be established ►M4  in accordance with the procedure referred to in Article 18(2) ◄ , account being taken of sound scientific and statistical principles.

The results of the above surveys shall be notified ►M4  in writing ◄ to the Commission. The Commission shall forward this information to the other Member States.

The Commission shall, before 1 January 1998, submit a report to the Council on the operation of the system of protected zones together, if necessary, with any appropriate proposals;

(i)  a statement or measure shall be considered official if made or taken, without prejudice to the provisions of Article 21:

▼M4

 by representatives of the official national plant protection organisation of a third country or, under their responsibility, by other public officers who are technically qualified and duly authorised by that official national plant protection organisation, in the case of statements or measures related to the issuing of the phytosanitary certificates and phytosanitary certificates for re-exports, or their electronic equivalent;

▼B

 either by such representatives or public servants or by qualified agents employed by one of the responsible official bodies of a Member State, in all other cases, provided that such agents have no personal interest in the outcome of the measures they take and satisfy minimum standards of qualification.

Member States shall ensure that their public servants and qualified agents have the qualifications necessary for the proper application of this Directive. ►M4  In accordance with the procedure referred to in Article 18(2) ◄ , guidelines may be established for such qualifications.

The Commission shall, acting within the Standing Committee on Plant Health, draw up Community programmes, the implementation of which it shall monitor, regarding the further training of the public servants and qualified agents concerned, in an effort to raise the knowledge and experience acquired in the national context to the level of the aforementioned qualifications. It shall contribute to the financing of this further training and shall propose the inclusion of the necessary appropriations for that purpose in the Community budget;

▼M4

(j)  point of entry shall be considered to mean: the place where plants, plant products or other objects are brought for the first time into the customs territory of the Community: the airport in the case of air transport, the port in the case of maritime or fluvial transport, the station in the case of railway transport, and the place of the customs office responsible for the area where the Community inland frontier is crossed, in the case of any other transport;

(k)  official body of point of entry shall be considered to mean: the responsible official body in a Member State in charge of the point of entry;

(l)  official body of destination shall be considered to mean: the responsible official body in a Member State in charge of the area where the ‘customs office of destination’ is situated;

(m)  customs office of point of entry shall be considered to mean: the office of the point of entry as defined in (j) above;

(n)  customs office of destination shall be considered to mean: the office of destination within the meaning of Article 340b(3) of Commission Regulation (EEC) No 2454/93 ( 8 );

(o)  lot shall be considered to mean: a number of units of a single commodity, identifiable by its homogeneity of composition and origin, and forming part of a consignment;

(p)  consignment shall be considered to mean: A quantity of goods being covered by a single document required for customs formalities or for other formalities, such as a single phytosanitary certificate or a single alternative document or mark; a consignment may be composed of one or more lots;

(q)  customs-approved treatment or use shall be considered to mean: the customs-approved treatments or uses referred to in point 15 of Article 4 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code ( 9 ) (hereafter referred to as the Community Customs Code);

(r)  transit shall be considered to mean: the movement of goods which are subject to customs supervision from one point to another within the customs territory of the Community as referred to in Article 91 of Regulation (EEC) No 2913/92.

▼B

2.  Save where it is expressely provided otherwise, the provisions of this Directive concern wood only in so far as it retains all or part of its natural round surface, with or without bark, or as it is in the form of chips, particles, sawdust, wood waste or scrap.

Save for the purpose of the provisions relating to Annex V, wood, whether satisfying the conditions referred to in the first subparagraph or not, is also concerned where it is in the form of dunnage, spacers, pallets or packing material which are actually in use in the transport of objects of all kinds, provided that it presents a plant health risk.

Article 3

1.  Member States shall ban the introduction into their territory of the harmful organisms listed in Annex I, Part A.

2.  Member States shall ban the introduction into their territory of the plants and plant products listed in Annex II, Part A, where they are contaminated by the relevant harmful organisms listed in that part of the Annex.

▼M4

3.  Paragraphs 1 and 2 shall not apply in accordance with conditions which may be determined in accordance with the procedure referred to in Article 18(2), in the case of slight contamination of plants other than those intended for planting by harmful organisms listed in Annex I, Part A, or in Annex II, Part A, or in the case of appropriate tolerances established for harmful organisms listed in Annex II, Part A, Section II as regards plants intended for planting which have previously been selected in agreement with the authorities representing the Member States in the field of plant health, and based on a relevant pest risk analysis.

▼B

4.  With effect from 1 June 1993, Member States shall provide that paragraphs 1 and 2 shall be applied also to the spread of the harmful organisms concerned by means connected with the movement of plants, plant products or other objects within the territory of a Member State.

5.  Member States shall ban from 1 June 1993 the introduction into and the spread within the relevant protected zones, of:

(a) the harmful organisms listed in Annex I, Part B;

(b) the plants and plant products listed in Annex II, Part B where they are contaminated by the relevant harmful organisms listed therein.

6.   ►M4  In accordance with the procedure referred to in Article 18(2) ◄ :

(a) the harmful organisms listed in Annexes I and II shall be subdivided as follows:

 organisms not known to occur in any part of the Community and relevant for the entire Community shall be listed in Annex I, Part A, Section I and Annex II, Part A, Section I respectively,

 organisms known to occur in the Community but not endemic or established throughout the Community and relevant for the entire Community shall be listed in Annex I, Part A, Section II and Annex II, Part A, Section II respectively,

 the other organisms shall be listed in Annex I, Part B and Annex II, Part B respectively against the protected zone for which they are relevant;

(b) harmful organisms endemic or established in one or more parts of the Community shall be deleted, save those referred to in the second and third indents of point (a);

(c) the titles of Annexes I and II, as well as the different parts and sections thereof, shall be adapted in accordance with points (a) and (b).

▼M4

7.  In accordance with the procedure referred to in Article 18(2), implementing provisions may be adopted to lay down conditions for the introduction into the Member States and the spread within the Member States of:

(a) organisms which are suspected of being harmful to plants or plant products but are not listed in Annexes I and II;

(b) organisms, which are listed in Annex II, but which occur on plants or plant products other than those listed in that Annex, and which are suspected of being harmful to plants or plant products;

(c) organisms, which are listed in Annexes I and II, which are in an isolated state and which are considered to be harmful in that state to plants or plant products.

8.  Paragraphs 1 and 5(a) and paragraph 2 and 5(b) and paragraph 4 shall not apply, in accordance with the conditions which shall be determined pursuant to the procedure referred to in Article 18(2), for trial or scientific purposes and for work on varietal selections.

9.  After the measures provided for in paragraph 7 have been adopted, that paragraph shall not apply, in accordance with the conditions which shall be determined pursuant to the procedure referred to in Article 18(2), for trial or scientific purposes and for work on varietal selections.

▼B

Article 4

1.  Member States shall ban the introduction into their territory of the plants or plant products listed in Annex III, Part A where they originate in the relevant countries referred to in that part of the Annex.

2.  Member States shall provide that, from 1 June 1993, the introduction of plants, plant products and other objects listed in Annex III, Part B into the relevant protected zones located in their territory is prohibited.

3.   ►M4  In accordance with the procedure referred to in Article 18(2) ◄ , Annex III shall be revised in such a way that Part A contains plants, plant products and other objects which constitute a plant-health risk for all parts of the Community, and Part B contains plants, plant products and other objects which constitute a plant-health risk only for protected zones. The protected zones shall be specified there.

4.  With effect from 1 June 1993, paragraph 1 shall no longer apply to plants, plant products and other objects originating in the Community.

5.  Paragraphs 1 and 2 shall not apply, in accordance with conditions which shall be determined ►M4  in accordance with the procedure referred to in Article 18(2) ◄ , for trials or scientific purposes and for work on varietal selections.

6.  Provided that there is no risk of harmful organisms spreading, a Member State may provide that paragraphs 1 and 2 shall not apply in individual specified cases to plants, plant products and other objects which are grown, produced or used in its immediate frontier zone with a third country and introduced into that Member State in order to be worked in nearby locations in the frontier zone of its territory.

When granting such a derogation, the Member State shall specify the location and the name of the person working it. Such details, which shall be updated regularly, shall be available to the Commission.

Plants, plant products and other objects which form the subject of a derogation under the first subparagraph shall be accompanied by documentary evidence of the location in the relevant third country from which the said plants, plant products and other objects originate.

Article 5

1.  Member States shall ban the introduction into their territory of the plants, plant products and other objects listed in Annex IV, Part A, unless the relevant special requirements indicated in that part of the Annex are met.

2.  Member States shall ban from 1 June 1993 the introduction into and the movement within the protected zones of the plants, plant products and other objects listed in Annex IV, Part B, unless the relevant special requirements indicated in that part of the Annex are met.

3.   ►M4  In accordance with the procedure referred to in Article 18(2) ◄ , Annex IV shall be amended in accordance with the criteria laid down in Article 3(6).

4.  With effect from 1 June 1993, Member States shall provide that paragraph 1 shall also apply to the movement of plants, plant products and other objects within the territory of a Member State, without prejudice however to Article 6(7). This paragraph and paragraphs 1 and 2 shall not apply to the movement of small quantities of plants, plant products, foodstuffs or animal feedingstuffs where they are intended for use by the owner or recipient for non-industrial and non-commercial purposes or for consumption during transport, provided that there is no risk of harmful organisms spreading.

5.  Paragraphs 1, 2 and 4 shall not apply, in accordance with the conditions which shall be determined ►M4  in accordance with the procedure referred to in Article 18(2) ◄ , for trial or scientific purposes and for work on varietal selections.

6.  Provided that there is no risk of harmful organisms spreading, a Member State may provide that paragraphs 1, 2 and 4 shall not apply in individual specified cases to plants, plant products and other objects which are grown, produced or used in its immediate frontier zone with a third country and introduced into that Member State in order to be worked in nearby locations in the frontier zone of its territory.

When granting such a derogation, the Member State shall specify the location and the name of the person working it. Such details which shall be updated regularly, shall be available to the Commission.

Plants, plant products and other objects which form the subject of a derogation under the first subparagraph shall be accompanied by documentary evidence of the location in the relevant third country from which the said plants, plant products and other objects originate.

Article 6

1.  Member States shall lay down, at least in respect of the introduction into another Member State of the plants, plant products and other objects listed in Annex V, Part A, that the latter and their packaging shall be meticulously examined on an official basis, either in their entirety or by representative sample, and that, if necessary, the vehicles transporting them shall also be officially examined in order to make sure:

(a) that they are not contaminated by the harmful organisms listed in Annex I, Part A;

(b) in the case of the plants and plant products listed in Annex II, Part A, that they are not contaminated by the relevant harmful organisms listed in that part of the Annex;

(c) in the case of the plants, plant products and other objects listed in Annex IV, Part A, that they comply with the relevant special requirements indicated in that part of the Annex.

2.  As soon as the measures provided for in Article 3(6)(a) and in Article 5(3) are adopted, paragraph 1 of this Article shall apply only in respect of Annex I, Part A, Section II, Annex II, Part A, Section II and Annex IV, Part A, Section II. Where, in the course of the examination carried out in accordance with this provision, harmful organisms listed in Annex I, Part A, Section I or Annex II, Part A, Section I are detected, the conditions referred to in Article 10 are deemed not to be fulfilled.

3.  Member States shall lay down the inspection measures referred to in paragraph 1 in order to ensure compliance with Article 3(4), (5) and (7) or Article 5(2), where the Member State of destination avails itself of one of the options listed in the abovementioned Articles.

4.  Member States shall lay down that the seeds referred to in Annex IV, Part A, which are to be introduced into another Member State shall be officially examined in order to make sure that they comply with the relevant special requirements listed in that part of the Annex.

5.  With effect from 1 June 1993, and without prejudice to paragraph 7, paragraphs 1, 3 and 4 shall also apply to the movement of plants, plant products and other objects within the territory of a Member State. Paragraphs 1, 3 and 4 shall not apply, as regards the harmful organisms listed in Annex I, Part B, or Annex II, Part B, and the special requirements set out in Annex IV, Part B, to the movement of plants, plant products or other objects through or outside a protected zone.

The official examinations referred to in paragraphs 1, 3 and 4 shall be carried out in accordance with the following provisions:

(a) They shall extend to the relevant plants or plant products grown, produced or used by the producer or otherwise present on his premises as well as to the growing medium used there.

(b) They shall be made on the premises, preferably at the place of production.

(c) They shall be made regularly at appropriate times at least once a year, and at least by visual observation, without prejudice to the special requirements listed in Annex IV; further action may be taken where this is provided for under paragraph 8.

Any producer for whom the official examination referred to in the second subparagraph is required under paragraphs 1 to 4 shall be listed in an official register under a registration number by which to identify him. The official registers thus established shall be accessible to the Commission on request.

The producer is subject to certain obligations established in accordance with paragraph 8. In particular, he shall immediately notify the responsible official body of the Member State concerned of any unusual occurrence of harmful organisms, symptoms or any other plant abnormality.

Paragraphs 1, 3 and 4 shall not apply to the movement of small quantities of plants, plant products, foodstuffs or animal feedingstuffs where they are intended for use by the owner or recipient for non-industrial and non-commercial purposes or for consumption during transport, provided that there is no risk of harmful organisms spreading.

6.  With effect from 1 June 1993, Member States shall provide that producers of certain plants, plant products or other objects not listed in Annex V, Part A, specified in accordance with paragraph 8, or collective warehouses or dispatching centres in the production zone, shall also be listed in an official local, regional or national register in accordance with the third subparagraph of paragraph 5. They may at any time be subjected to the examinations provided for in the second subparagraph of paragraph 5.

In accordance with paragraph 8, a system may be set up so that certain plants, plant products and other objects may, if necessary and in so far as possible, be traced back to their origins, bearing in mind the nature of the production or trading conditions.

7.  Member States may, in so far as no spreading of harmful organisms is to be feared, exempt

 small producers or processors whose entire production and sale of relevant plants, plant products and other objects are intended for final usage by persons on the local market and who are not professionally involved in plant production (local movement) from official registration as laid down in paragraphs 5 and 6, or

 the local movement of plants, plant products and other objects originating from producers so exempted from the official examination required under paragraphs 5 and 6.

The provisions of this Directive on local movement shall be reviewed by the Council before 1 January 1998 on the basis of a Commission proposal and in the light of experience gained.

8.   ►M4  In accordance with the procedure referred to in Article 18(2) ◄ , implementing provisions shall be adopted relating to:

 less stringent conditions on the movement of plants, plant products and other objects within a protected zone established for the said plants, plant products and other objects in respect of one or more harmful organisms,

 guarantees in respect of the movement of plants, plant products and other objects through a protected zone established for the said plants, plant products and other objects in respect of one or more harmful organisms,

 the frequency and timing of the official examination, including further action referred to in paragraph 5, second subparagraph, (c),

 the obligations on registered producers referred to in paragraph 5, fourth subparagraph,

 the specification of the products referred to in paragraph 6, and the products for which the system introduced in paragraph 6 is envisaged,

 other requirements regarding the exemption referred to in paragraph 7, in particular as regards the concepts of ‘small producer’ and ‘local market’ and the relevant procedures.

9.  Implementing rules related to the registration procedure and the registration number referred to in the third subparagraph of paragraph 5, may be adopted ►M4  in accordance with the procedure referred to in Article 18(2) ◄ .

▼M4 —————

▼B

Article 10

1.  With effect from 1 June 1993, where it is considered, on the basis of the examination provided for in Article 6(1), (3) and (4) and carried out in accordance with Article 6(5), that the conditions of those paragraphs are fulfilled, a plant passport shall be issued in accordance with provisions which may be adopted under paragraph 4 of this Article ►M4  ————— ◄ .

▼M4

However, in the case of seeds mentioned in Article 6(4), a plant passport need not be issued, where it is ensured in accordance with the procedure referred to in Article 18(2) that the documents issued in accordance with the Community provisions applicable to the marketing of officially certified seed provide evidence for the compliance with the requirements referred to in Article 6(4). In such case, the documents shall be considered for all purposes to be plant passports within the meaning of Article 2(1)(f).

▼B

If the examination does not concern conditions relevant to the protected zones, or if it is considered that such conditions are not fulfilled, the plant passport issued shall not be valid for those zones and it shall bear the mark reserved for such cases, pursuant to Article 2(1)(f).

2.  With effect from 1 June 1993, plants, plant products and other objects listed in Annex V, Part A, Section I, ►M4  and seeds mentioned in Article 6(4) ◄ may not be moved within the Community, other than locally within the meaning of Article 6(7), unless a plant passport valid for the territory concerned and issued in accordance with paragraph 1 is attached to them, to their packaging or to the vehicles transporting them.

With effect from 1 June 1993, plants, plant products and other objects listed in Annex V, Part A, Section II, ►M4  and seeds mentioned in Article 6(4) ◄ may not be introduced into a specified protected zone or move therein, unless a plant passport valid for that zone and issued in accordance with paragraph 1 is attached to them, to their packaging or to the vehicles transporting them. If the conditions laid down in Article 6(8) with regard to transport through protected zones are fulfilled, this subparagraph shall not apply.

The first and second subparagraphs shall not apply to the movement of small quantities of plants, plant products, foodstuffs or animal feedingstuffs where they are intended for use by the owner or recipient for non-industrial and non-commercial purposes or for consumption during transport, provided that there is no risk of harmful organisms spreading.

3.  A plant passport may be replaced at a later date and in any part of the Community by another plant passport, in accordance with the following provisions:

 a plant passport may be replaced only where consignments are divided up or where several consignments or parts thereof are combined or where the plant-health status of consignments changes, without prejudice to the particular requirements provided for in Annex IV, or in other cases specified in accordance with paragraph 4,

 the replacement may take place only at the request of a natural or legal person, whether a producer or not, listed in an official register, in accordance with the third subparagraph of Article 6(5), mutatis mutandis,

 the replacement passport may be prepared only by the responsible official body of the area in which the requesting premises are situated and only if the identity of the product concerned and the absence of any risk of infection due to harmful organisms listed in Annexes I and II since dispatch by the producer can be guaranteed,

 the replacement procedure must comply with the provisions which may be adopted under paragraph 4,

 the replacement passport must bear a special mark, specified in accordance with paragraph 4 and including the number of the original producer and, if there was a change in plant-health status, of the operator responsible for that change.

4.   ►M4  In accordance with the procedure referred to in Article 18(2) ◄ , implementing provisions may be adopted for:

 the detailed procedures for issuing plant passports as laid down in paragraph 1,

 the conditions under which a plant passport may be replaced in accordance with paragraph 3, first indent,

 the details of the procedure for the replacement passport as laid down in paragraph 3, third indent,

 the special mark required for the replacement passport as laid down in paragraph 3, fifth indent.

Article 11

1.  Where it is not considered, on the basis of the examination provided for in Article 6(1), (3) and (4) and carried out in accordance with Article 6(5), that the conditions in those paragraphs are fulfilled, a plant passport shall not be issued, without prejudice to paragraph 2 of this Article.

2.  In the special cases where it is established, taking into account the nature of the findings made in the examination concerned, that part of the plants or plant products grown, produced or used by the producer or otherwise present on his premises, or part of the growing medium used there, cannot present any risk of spreading harmful organisms, paragraph 1 shall not apply to that part ►M4  and a plant passport may be used ◄ .

3.  To the extent that paragraph 1 applies, the plants, plant products or growing medium concerned shall be the subject of one or more of the following official measures:

 appropriate treatment, followed by the issue of the appropriate plant passport in accordance with Article 10 if it is considered that, as a result of the treatment, the conditions are fulfilled,

 a permit for movement, under official control, to zones where they do not present an additional risk,

 a permit for movement, under official control, to places for industrial processing,

 destruction.

►M4  In accordance with the procedure referred to in Article 18(2) ◄ , implementing provisions may be adopted concerning:

 the conditions under which one or more of the measures referred to in the first subparagraph must or must not be adopted,

 the particular features of and conditions for such measures.

4.  To the extent that paragraph 1 applies, the activities of the producer shall be totally or partially suspended until it is established that the risk of spreading harmful organisms is eliminated. As long as this suspension lasts, Article 10 shall not apply.

5.  Where it is considered, on the basis of the official examination carried out in accordance with Article 6(6), that products referred to therein are not free of the harmful organisms listed in Annexes I and II, paragraphs 2, 3 and 4 of this Article shall apply mutatis mutandis.

▼M4

Article 12

1.  Member States shall organise official checks to ensure compliance with the provisions of this Directive, in particular with Article 10(2), which shall be carried out at random and without any discrimination in respect of the origin of the plants, plant products or other objects, and in accordance with the following provisions:

 occasional checks, at any time and at any place where plants, plant products or other objects are moved,

 occasional checks on premises where plants, plant products or other objects are grown, produced, stored or offered for sale, as well as on the premises of purchasers,

 occasional checks at the same time as any other documentary check, which is carried out for reasons other than plant health.

The checks must be regular in premises listed in an official register in accordance with Article 10(3) and Article 13c(1b), and may be regular in premises listed in an official register in accordance with Article 6(6).

The checks must be targeted if facts have come to light to suggest that one or more provisions of this Directive have not been complied with.

2.  Commercial purchasers of plants, plant products or other objects shall, as final users professionally engaged in plant production, retain the related plant passports for at least one year and enter the references in their records.

Inspectors shall have access to the plants, plant products or other objects at all stages in the production and marketing chain. They shall be entitled to make any investigation necessary for the official checks concerned, including those related to the plant passports and the records.

3.  The Member States may be assisted in the official checks by the experts referred to in Article 21.

4.  Where it is established, through the official checks carried out in accordance with paragraphs 1 and 2, that plants, plant products or other objects present a risk of spreading harmful organisms, they shall be the subject of official measures in accordance with Article 11(3).

Without prejudice to the notifications and information required under Article 16, Member States shall ensure, where the plants, plant products or other objects concerned come from another Member State, that the single authority of the receiving Member State informs immediately the single authority of that Member State and the Commission of the findings and of the official measures which it intends to take or has taken. In accordance with the procedure referred to in Article 18(2), a standardised information system may be set up.

Article 13

1.  Member States shall ensure, without prejudice to:

 the provisions of Article 3(3),13b(1), (2), (3), (4) and (5),

 the specific requirements and conditions laid down in derogations adopted pursuant to Article 15(1), in equivalency measures adopted pursuant to Article 15(2), or in emergency measures adopted pursuant to Article 16, and

 specific agreements concluded on matters dealt with in this Article between the Community and one or more third countries,

that plants, plant products or other objects, listed in Annex V, Part B, which come from a third country and are brought into the customs territory of the Community, shall, from the time of their entry, be subject to customs supervision pursuant to Article 37(1) of the Community Customs Code and also to supervision by the responsible official bodies. They may only be placed under one of the customs procedures as specified in Article 4(16)(a), (d), (e), (f), (g) of the Community Customs Code, if the formalities as specified in Article 13a have been completed in accordance with the provisions of Article 13c(2), such as to conclude, as a result of these formalities and as far as can be determined:

(i) 

 that the plants, plant products or other objects are not contaminated by harmful organisms listed in Annex I, Part A, and

 in the case of plants or plant products listed in Annex II, Part A, that they are not contaminated by the relevant harmful organisms listed in that Annex, and

 in the case of plants, plant products or other objects listed in Annex IV, Part A, that they comply with the relevant special requirements indicated in that Annex, or, where applicable, with the option declared in the certificate pursuant to Article 13a(4)(b), and

(ii) that the plants, plant products or other objects are accompanied by the respective original of the required official ‘phytosanitary certificate’ or ‘phytosanitary certificate for re-export’ issued in accordance with the provisions laid down in Article 13a(3) and (4), or, where relevant, that the original of alternative documents or marks as specified and permitted in implementing provisions accompany, or are attached to, or otherwise put on, the object concerned.

Electronic certification may be recognised, provided that the respective conditions specified in implementing provisions are met.

Officially certified copies may also be recognised in exceptional cases which shall be specified in implementing provisions.

The implementing provisions referred to in (ii) above may be adopted in accordance with the procedure referred to in Article 18(2).

2.  Paragraph 1 shall apply, in cases of plants, plant products or other objects intended for a protected zone, in respect of harmful organisms and of special requirements listed in Annex I, Part B, Annex II, Part B and Annex IV, Part B respectively, for that protected zone.

3.  Member States shall provide that plants, plant products or objects other than those referred to in paragraph 1 or 2, which come from a third country and are brought into the customs territory of the Community, may, from the time of their entry, be subject to supervision by the responsible official bodies, in respect of the first, second or third indent of paragraph 1(i). These plants, plant products or objects include wood in the form of dunnage, spacers, pallets or packing material, which are actually in use in the transport of objects of all kinds.

Where the responsible official body makes use of that faculty, the plants, plant products or objects concerned shall remain under the supervision referred to in paragraph 1, until the relevant formalities have been completed such as to conclude, as a result for these formalities and as far as can be determined, that they comply with the relevant requirements laid down in or under this Directive.

Implementing provisions as regards type of information and the means of transmission thereof to be supplied by importers, or their customs representatives, to the responsible official bodies, as regards the plants, plant products or objects including the different types of wood, as referred to in the first subparagraph, shall be adopted in accordance with the procedure referred to in Article 18(2).

4.  Without prejudice to Article 13c(2)(a) Member States shall, if there is a risk of spread of harmful organisms, also apply paragraphs 1, 2 and 3 to plants, plant products or other objects being placed under one of the customs-approved treatments or uses as specified in Article 4(15)(b), (c), (d), (e) of the Community Customs Code or under the Customs procedures as specified in Article 4(16)(b), (c) of that Code.

Article 13a

1.  

(a) The formalities referred to in Article 13(1) shall consist of meticulous inspections by the responsible official bodies on at least:

(i) each consignment declared, under the customs formalities, to consist of or to contain plants, plant products or other objects, referred to in Article 13(1), (2) or (3) under the respective conditions, or

(ii) in the case of a consignment which is composed of different lots, each lot declared, under the customs formalities, to consist of, or to contain, such plants, plant products or other objects.

(b) The inspections shall determine whether:

(i) the consignment or lot is accompanied by the required certificates, alternative documents or marks, as specified in Article 13(1)(ii) (documentary checks),

(ii) in its entirety or on one or more representative samples, the consignment or lot consists of, or contains the plants, plant products or other objects, as declared on the required documents (identity checks), and

(iii) in its entirety or on one or more representative samples, including the packaging and, where appropriate, the transport vehicles, the consignment or lot or their wood packing material comply with the requirements laid down in this Directive, as specified in Article 13(1)(i) (plant health checks), and whether Article 16(2) applies.

2.  The identity checks and plant health checks shall be carried out at reduced frequency, if:

 activities of inspection on plants, plant products or other objects in the consignment or lot were already carried out in the consignor third country under technical arrangements referred to in Article 13b(6), or

 the plants, plant products or other objects in the consignment or lot are listed in the implementing provisions adopted for this purpose pursuant to paragraph 5(b), or

 the plants, plant products or other objects in the consignment or lot came from a third country for which in or under comprehensive international phytosanitary agreements based on the principle of reciprocal treatment between the Community and a third country, provision for a reduced frequency of identity and plant health checks is mentioned,

unless there is a serious reason to believe that the requirements laid down in this Directive are not complied with.

The plant health checks may also be carried out at reduced frequency, if there is evidence, collated by the Commission and based on experience gained from earlier introduction of such material of the same origin into the Community as confirmed by all Member States concerned, and after consultation within the Committee referred to in Article 18, to believe that the plants, plant products or other objects in the consignment or lot comply with the requirements laid down in this Directive, provided that the detailed conditions specified in implementing provisions pursuant to paragraph 5(c) are met.

3.  The official ‘phytosanitary certificate’ or ‘phytosanitary certificate for re-export’ referred to in Article 13(1)(ii) shall have been issued in at least one of the official languages of the Community and in accordance with the laws or regulations of the third country of export or re-export which have been adopted, whether a contracting party or not, in compliance with the provisions of the IPPC. It shall be addressed to the ‘Plant Protection Organisations of the Member States of the European Community’ as referred to in Article 1(4), first subparagraph, last sentence.

The certificate shall not have been made out more than 14 days before the date on which the plants, plant products or other objects covered by it have left the third country in which it was issued.

It shall contain information in accordance with the models specified in the Annex to the IPPC, irrespective of its format.

It shall be in one of the models determined by the Commission pursuant to paragraph 4. The certificate shall have been issued by authorities empowered to this effect on the basis of laws or regulations of the third country concerned, as submitted, in accordance with the provisions of the IPPC, to the Director General of FAO, or, in the case of third countries non-party to the IPPC, to the Commission. The Commission shall inform the Member States of the submissions received.

4.  

(a) In accordance with the procedure referred to in Article 18(2), the acceptable models as specified in the different versions of the Annex to the IPPC shall be determined. In accordance with the same procedure, alternative specifications for the ‘phytosanitary certificates’ or ‘phytosanitary certificates for re-export’ may be laid down for third countries non-party to the IPPC.

(b) Without prejudice to Article 15(4), the certificates, in the case of plants, plant products or other objects listed in Annex IV Part A section I or Part B, shall specify, under the heading ‘Additional Declaration’ and where relevant, which special requirement out of those listed as alternatives in the relevant position in the different parts of Annex IV have been complied with. This specification shall be given through reference to the relevant position in Annex IV.

(c) In the case of plants, plant products or other objects, to which special requirements laid down in Annex IV, Part A, or Part B apply, the official ‘phytosanitary certificate’ referred to in Article 13(1)(ii) shall have been issued in the third country in which the plants, plant products or other objects originate (country of origin).

(d) However, in the case where the relevant special requirements can be fulfilled also at places other than that of origin, or where no special requirement applies, the ‘phytosanitary certificate’ may have been issued in the third country where the plants, plant products or other objects come from (consignor country).

5.  In accordance with the procedure referred to in Article 18(2), implementing provisions may be adopted to:

(a) lay down procedures for the carrying out of plant health checks referred to in paragraph 1(b), point (iii), including minimum numbers and minimum sizes of samples,

(b) establish lists of plants, plant products or other objects on which plant health checks shall be carried out at reduced frequency pursuant to paragraph 2, first subparagraph, second indent,

(c) specify the detailed conditions for the evidence referred to in paragraph 2, second subparagraph, and the criteria for the type and level of reduction of the plant health checks.

The Commission may include guidelines in respect of paragraph 2 in the recommendations referred to in Article 21(6).

Article 13b

1.  Member States shall ensure that consignments or lots which come from a third country, but are not declared, under the customs formalities, to consist of, or to contain plants, plant products or other objects listed in Annex V, Part B are also inspected by the responsible official bodies, where there is serious reason to believe that such plants, plant products or other objects are present.

Member States shall ensure that whenever a customs inspection reveals that a consignment or lot coming from a third country consists of or contains non-declared plants, plant products or other objects listed in Annex V, Part B, the inspecting customs office shall immediately inform the official body of its Member State, under the cooperation referred to in Article 13c(4).

If, at the outcome of the inspection by the responsible official bodies, doubts remain in respect of the identity of the commodity, in particular concerning the genus or species of plants or plant products or their origin, the consignment shall be considered to contain plants, plant products or other objects as listed in Annex V, Part B.

2.  Provided that there is no risk of harmful organisms spreading in the Community:

(a) Article 13(1) shall not apply to the entry, into the Community, of plants, plant products or other objects which are moved from one point to another within the Community passing through the territory of a third country without any change in their customs status (internal transit),

(b) Article 13(1) and Article 4(1) shall not apply to the entry, into the Community, of plants, plant products or other objects which are moved from one point to another within one or two third countries passing through the territory of the Community under appropriate customs procedures without any change in their customs status.

3.  Without prejudice to the provisions of Article 4 in respect of Annex III, and provided that there is no risk of harmful organisms spreading in the Community, Article 13(1) need not apply to the entry, into the Community, of small quantities of plants, plant products, foodstuffs or animal feedingstuffs as far as they relate to plants or plant products,where they are intended for use by the owner or recipient for non-industrial and non-commercial purposes, or for consumption during transport.

In accordance with the procedure referred to in Article 18(2) detailed rules may be adopted specifying the conditions for the implementation of this provision, including the determination of ‘small quantities’.

4.  Article 13(1) shall not apply, under specified conditions, to the entry, into the Community, of plants, plant products or other objects for use in trials, for scientific purposes or for work on varietal selections. The specified conditions shall be determined in accordance with the procedure referred to in Article 18(2).

5.  Provided that there is no risk of harmful organisms spreading in the Community, a Member State may adopt a derogation that Article 13(1) shall not apply in specified individual cases to plants, plant products or other objects which are grown, produced or used in its immediate frontier zone with a third country and introduced into that Member State in order to be worked in nearby locations in the frontier zone of its territory.

When granting such a derogation, the Member State shall specify the location and the name of the person working it. Such details, which shall be updated regularly, shall be made available to the Commission

Plants, plant products and other objects which form the subject of a derogation under the first subparagraph shall be accompanied by documentary evidence of the location in the relevant third country from which the said plants, plant products and other objects originate.

6.  It may be agreed, in technical arrangements made between the Commission and the competent bodies in certain third countries and approved in accordance with the procedure referred to in Article 18(2), that activities referred to in Article 13(1)(i) may also be carried out under the authority of the Commission and in accordance with the relevant provisions of Article 21 in the consignor third country, in cooperation with the official plant protection organisation of that country.

Article 13c

1.  

(a) The formalities as specified in Article 13a(1), the inspections as provided for in Article 13b(1) and the checks for compliance with the provisions of Article 4 in respect of Annex III shall be carried out in connection with, as specified in paragraph 2, the formalities required for the placing under a customs procedure as referred to in Article 13(1) or Article 13(4).

They shall be carried out in compliance with the provisions of the International Convention on the Harmonisation of Frontier Controls of Goods, in particular Annex 4 thereof, as approved by Council Regulation (EEC) No 1262/84 ( 10 ).

(b) Member States shall provide that importers, whether or not producers, of plants, plant products or other objects, listed in Annex V, Part B, must be included in an official register of a Member State under an official registration number. The provisions of Article 6(5), third and fourth subparagraphs, shall apply accordingly to such importers.

(c) Member States shall also provide that:

(i) importers, or their customs representatives, of consignments consisting of, or containing, plants, plant products or other objects, listed in Annex V, Part B, shall make reference, on at least one of the documents required for the placing under a customs procedure as referred to in Article 13(1) or Article 13(4) to such composition of the consignment by means of the following information:

 reference to the type of plants, plant products or other objects, in using the code of the ‘Integrated tariff of the European Communities (Taric)’,

 statement ‘This consignment contains produce of phytosanitary relevance’, or any equivalent alternative mark as agreed between the customs office of point of entry and the official body of point of entry,

 reference number(s) of the required phytosanitary documentation,

 official registration number of the importer, as referred to in (b) above;

(ii) airport authorities, harbour authorities or either importers or operators, as arranged between them, give, as soon as they are aware of the imminent arrival of such consignments, advance notice thereof to the customs office of point of entry and to the official body of point of entry.

Member States may apply this provision, mutatis mutandis, to cases of land transport, in particular where the arrival is expected outside normal working hours of the relevant official body or other office as specified in paragraph 2.

2.  

(a) ‘Documentary checks’ and also the inspections as provided for in Article 13b(1) and the checks for compliance with the provisions of Article 4 in respect of Annex III must be made by the official body of point of entry or, in agreement between the responsible official body and the customs authorities of that Member State, by the customs office of point of entry.

(b) ‘Identity checks’ and ‘plant health checks’ must be made, without prejudice to (c) and (d) below, by the official body of point of entry in connection with the customs formalities required for placing under a customs procedure as referred to in Article 13(1) or Article 13(4), and either at the same place as these formalities, on the premises of the official body of point of entry or at any other place close by and designated or approved by the customs authorities and by the responsible official body, other than the place of destination as specified under (d).

(c) However, in case of transit of non-Community goods, the official body of point of entry may decide, in agreement with the official body or bodies of destination, that all or part of the ‘identity checks’ or ‘plant health checks’ shall be made by the official body of destination, either on its premises or at any other place close by and designated or approved by the customs authorities and by the responsible official body, other than the place of destination as specified under (d). If no such agreement is made, the entire ‘identity check’ or ‘plant health check’ shall be made by the official body of the point of entry at either of the places specified in (b).

(d) In accordance with the procedure referred to in Article 18(2), certain cases or circumstances may be specified in which ‘identity checks’ and ‘plant health checks’ may be carried out at the place of destination, such as a place of production, approved by the official body and customs authorities responsible for the area where that place of destination is located, instead of the aforesaid other places, provided that specific guarantees and documents as regards the transport of plants, plant products and other objects are complied with.

(e) In accordance with the procedure referred to in Article 18(2), implementing provisions shall be laid down concerning:

 the minimum conditions for the carrying out of the ‘plant health checks’ under (b), (c) and (d),

 the specific guarantees and documents as regards the transport of the plants, plant products or other objects to the places specified in (c) and (d), to ensure that there is no risk of harmful organisms spreading during transport,

 together with the specification of cases under (d), specific guarantees and minimum conditions concerning the qualification of the place of destination for storage and concerning the storage conditions.

(f) In all cases, the plant ‘health checks’ shall be considered to be an integral part of the formalities referred to in Article 13(1).

3.  Member States shall lay down that the respective original, or the electronic form of the certificates or of the alternative documents other than marks, as specified in Article 13(1)(ii), which is produced to the responsible official body for ‘documentary checks’ in accordance with the provisions of Article 13a(1)(b)(i), upon inspection shall be marked with a ‘visa’ of that body, together with its denomination and the date of presentation of the document.

In accordance with the procedure referred to in Article 18(2), a standardised system may be set up to ensure that information included in the certificate, in case of specified plants intended for planting, shall be forwarded to the official body in charge of each Member State or area where plants from the consignment are to be destined or planted.

4.  The Member States shall forward to the Commission and the other Member States in writing the list of places designated as points of entry. Any changes to this list shall also be forwarded in writing without delay.

The Member States shall establish a list of the places as specified under 2(b) and 2(c) and places of destinations as identified under 2(d) under their respective responsibility. These lists shall be accessible to the Commission.

Each official body of point of entry, and each official body of destination carrying out identity or plant health checks, must satisfy certain minimum conditions in respect of infrastructure, staffing and equipment.

In accordance with the procedure referred to in Article 18(2), the aforesaid minimum conditions shall be laid down in implementing provisions.

In accordance with the same procedure, detailed rules shall be laid down concerning:

(a) the type of documents required for the placing under a customs procedure, on which the information specified in paragraph 1(c)(i) shall be made,

(b) the cooperation between:

(i) the official body of point of entry and the official body of destination,

(ii) the official body of point of entry and the customs office of point of entry,

(iii) the official body of destination and the customs office of destination, and

(iv) the official body of point of entry and the customs office of destination.

Those rules shall include model forms of documents to be used in that cooperation, the means of transmission of these documents, the procedures for exchange of information between the official bodies and offices above, as well as the measures which must be taken to maintain the identity of the lots and consignments and to safeguard against the risk of spreading harmful organisms, in particular during transport, until the completion of the required customs formalities.

▼M29 —————

▼M4

6.  Article 10(1) and (3) shall apply mutatis mutandis to plants, plant products or other objects referred to in Article 13 insofar as they are listed in Annex V, Part A, and where it is considered, on the basis of the formalities referred to in Article 13(1), that the conditions laid down therein are fulfilled.

7.  Where it is not considered on the basis of the formalities referred to in Article 13(1), that the conditions laid down therein are fulfilled, one or more of the following official measures shall be taken immediately:

(a) refusal of entry into the Community of all or part of the consignment,

(b) movement, under official supervision, in accordance with the appropriate customs procedure, during their movement within the Community, to a destination outside the Community,

(c) removal of infected/infested produce from the consignment,

(d) destruction,

(e) imposition of a quarantine period until the results of the examinations or official tests are available,

(f) exceptionally and only in specific circumstances, appropriate treatment where it is considered by the responsible official body of the Member State that, as a result of the treatment, the conditions will be fulfilled and the risk of spreading harmful organisms is obviated; the measure of appropriate treatment may also be taken in respect of harmful organisms not listed in Annex I or Annex II.

Article 11(3), second subparagraph, shall apply mutatis mutandis.

In the case of a refusal referred to in (a) or movement to a destination outside the Community referred to in (b) or of a removal referred to in (c), the Member States shall lay down that the phytosanitary certificates or the phytosanitary certificates for re-export, and any other document which have been produced when the plants, plant products or other objects were submitted for introduction into their territory, be cancelled by the responsible official body. Upon cancellation, the said certificates or documents shall bear on their face and in a prominent position a triangular stamp in red, marked ‘certificate cancelled’ or ‘document cancelled’ from the said official body, together with its denomination and the date of refusal, of the start of the movement to a destination outside the Community or of removal. It shall be in capital letters, and in at least one of the official languages, of the Community.

8.  Without prejudice to the notifications and information required under Article 16, Member States shall ensure that the responsible official bodies inform the plant protection organisation of the third country of origin or consignor third country and the Commission of all cases where plants, plant products or other objects coming from the relevant third country have been intercepted as not complying with the plant health requirements, and the reasons of the interception, without prejudice to the action which the Member State may take or has taken in respect of the intercepted consignment. The information shall be given as soon as possible so that the plant protection organisations concerned and, where appropriate, also the Commission, may study the case with a view, in particular, to taking the steps necessary to prevent further occurrences similar to the intercepted one. In accordance with the procedure referred to in Article 18(2), a standardised information system may be set up.

Article 13d

1.  Member States shall ensure the collection of fees (Phytosanitary fee) to cover the costs occasioned by the documentary checks, identity checks and plant health checks provided for in Article 13a(1), which are carried out pursuant to Article 13. The level of the fee shall reflect:

(a) the salaries, including social security, of the inspectors involved in the above checks;

(b) the office, other facilities, tools and equipment for these inspectors;

(c) the sampling for visual inspection or for laboratory testing;

(d) laboratory testing;

(e) the administrative activities (including operational overheads) required for carrying out the checks concerned effectively, which may include the expenditure required for pre- and in-service training of inspectors.

2.  Member States may either set the level of the Phytosanitary fee on the basis of a detailed cost calculation carried out in accordance with paragraph 1, or apply the standard fee as specified in Annex VIIIa.

When, pursuant to Article 13a(2), for a certain group of plants, plant products or other objects originating in certain third countries, identity checks and plant health checks are being carried out at reduced frequency, Member States shall collect a proportionally reduced Phytosanitary fee from all consignments and lots of that group, whether subjected to inspection or not.

In accordance with the procedure referred to in Article 18(2), implementing measures may be adopted to specify the level of this reduced Phytosanitary fee.

3.  When the Phytosanitary fee is set by a Member State on the basis of the costs borne by the responsible official body of that Member State, the Member States concerned shall communicate to the Commission reports specifying the method for calculating the fees in relation to the elements listed in paragraph 1.

Any fee imposed in accordance with the first subparagraph shall be no higher than the actual cost borne by the responsible official body of the Member State.

4.  No direct or indirect refund of the fees provided for in this Directive shall be permitted. However the possible application by a Member State of the standard fee as specified in Annex VIIIa shall not be considered an indirect refund.

5.  The standard fee as specified in Annex VIIIa is without prejudice to extra charges to cover additional costs incurred in special activities relating to the checks, such as exceptional travelling by inspectors or waiting periods of inspectors due to delays in the arrival of consignments out of schedule, checks carried out outside normal working hours, supplementary checks or laboratory testing required in addition to those provided for in Article 13 for confirmation of conclusions drawn from the checks, special phytosanitary measures as required under Community acts based on Articles 15 or 16, measures taken pursuant to Article 13c(7), or the translation of required documents.

6.  Member States shall designate the authorities empowered to charge the Phytosanitary fee. The fee shall be payable by the importer, or his customs representatives.

7.  The Phytosanitary fee shall replace all other charges or fees levied in the Member States at national, regional or local level for the checks referred to in paragraph 1, and the attestation thereof.

Article 13e

‘Phytosanitary certificates’ and ‘phytosanitary certificates for re-export’, which Member States issue under the IPPC shall be in the format of the standardised model given in Annex VII.

▼B

Article 14

The Council acting on a proposal from the Commission, shall adopt any amendments to be made to the Annexes.

However, the following shall be adopted in accordance with the procedure laid down in ►M4  Article 18(2) ◄ :

(a) headings additional to Annex III in respect of certain plants, plant products or other objects originating in specified third countries, provided that:

(i) these headings are introduced at the request of a Member State which already applies special prohibitions as regards the introduction of such products from third countries;

(ii) harmful organisms occurring in the country of origin constitute a plant-health risk for the whole or part of the Community; and

(iii) their possible presence on the products in question cannot be detected effectively at the time of their introduction;

(b) headings additional to the other Annexes in respect of certain plants, plant products or other objects originating in specified third countries, provided that:

(i) these headings are introduced at the request of a Member State which already applies special prohibitions or restrictions as regards the introduction of such products from third countries; and

(ii) harmful organisms occurring in the country of origin constitute a plant-health risk for the whole or part of the Community in respect of crops, the scale of possible damage to which is unforeseeable;

(c) any amendment to Part B of the Annexes, ►M4  in consultation with the Member State concerned ◄ ;

▼M4

(d) any amendment to the Annexes to be made in the light of developments in scientific or technical knowledge, or when technically justified, consistent with the pest risk involved;

▼M4

(e) ‘amendments to Annex VIIIa’.

▼B

Article 15

▼M4

1.  In accordance with the procedure referred to in Article 18(2), derogations may be provided for:

 from Article 4(1) and (2) with regard to Annex III, Part A and Part B, without prejudice to the provisions of Article 4(5), and from Article 5(1) and (2) and the third indent of Article 13(1)(i) with regard to requirements referred to in Annex IV, Part A, Section I and Annex IV, Part B,

 from Article 13(1)(ii) in the case of wood, if equivalent safeguards are ensured by means of alternative documentation or marking.

▼B

provided that it is established that the risk of spreading harmful organisms is obviated by one or more of the following factors:

 the origin of the plants or plant products,

 appropriate treatment,

 special precautions for the use of the plants or plant products.

The risk shall be assessed on the basis of available scientific and technical information; where such information is insufficient, it shall be supplemented by additional enquiries or, where appropriate, by investigations carried out under the authority of the Commission and in accordance with the relevant provisions of Article 21 in the country of origin of the plants, plant products or other objects concerned.

Each authorisation shall apply individually to all or part of the territory of the Community under conditions which take into account the risk of spreading harmful organisms by the product in question in protected zones or in certain regions taking into account the differences in agricultural and ecological conditions. In such cases, the Member States concerned shall be expressly exempted from certain obligations derived from the above provisions in the decisions providing for the authorisations.

The risk shall be assessed on the basis of available scientific and technical information. Where such information is insufficient, it shall be supplemented by additional enquiries or, where appropriate, by investigations carried out by the Commission in the country of origin of the plants, plant products or other objects concerned.

▼M4

2.  In accordance with the procedures referred to in the first subparagraph of paragraph 1, phytosanitary measures adopted by a third country for export into the Community shall be recognised as equivalent to the phytosanitary measures laid down in this Directive, in particular to those specified in Annex IV, if that third country objectively demonstrates to the Community that its measures achieve the Community's appropriate level of phytosanitary protection and if this is confirmed by the conclusions resulting from findings made on the occasion of reasonable access of the experts referred to in Article 21 for inspection, testing and other relevant procedures in the relevant third country.

Upon request by a third country, the Commission will enter into consultations with the aim of achieving bilateral or multilateral agreements on recognition of the equivalence of specified phytosanitary measures.

3.  Decisions providing for derogations pursuant to the first subparagraph of paragraph 1 or recognition of equivalence pursuant to paragraph 2, shall require that compliance with the conditions laid down therein has been officially established in writing by the exporting country for each individual case of use, and shall set out the details of the official statement confirming compliance.

4.  Decisions referred to in paragraph 3 shall specify whether or in what manner Member States shall inform the other Member States and the Commission of each individual case of use or groups of cases of use.

▼B

Article 16

1.  Each Member State shall immediately notify ►M4  in writing ◄ the Commission and the other Member States of the presence in its territory of any of the harmful organisms listed in Annex I, Part A, Section I or Annex II, Part A, Section I or of the appearance in part of its territory in which their presence was previously unknown of any of the harmful organisms listed in Annex I, Part A, Section II or in Part B or in Annex II, Part A, Section II or in Part B.

It shall take all necessary measures to eradicate, or if that is impossible, inhibit the spread of the harmful organisms concerned. It shall inform the Commission and the other Member States of the measures taken.

2.  Each Member State shall immediately notify ►M4  in writing ◄ the Commission and the other Member States of the actual or suspected appearance of any harmful organisms not listed in Annex I or in Annex II whose presence was previously unknown in its territory. It shall also inform the Commission and the other Member States of the protective measures which it has taken or intends to take. These measures must, inter alia, be such as to prevent risk of the spread of the harmful organism concerned in the territory of the other Member States.

In respect of consignments of plants, plant products or other objects from third countries considered to involve an imminent danger of the introduction or spread of the harmful organisms referred to in paragraph 1 and the first subparagraph of this paragraph, the Member State concerned shall immediately take the measures necessary to protect the territory of the Community from that danger and shall inform the Commission and the other Member States thereof.

Where a Member State considers that there is an imminent danger other than that referred to in the second subparagraph, it shall immediately notify ►M4  in writing ◄ the Commission and the other Member States of the measures which it would like to see taken. If it considers that these measures are not being taken in sufficient time to prevent the introduction or spread of a harmful organism in its territory, it may temporarily take any additional measures which it deems necessary, as long as the Commission has not adopted measures pursuant to paragraph 3.

The Commission will present a report to the Council on the operation of this provision, together with any proposals, by 31 December 1992.

3.  In cases referred to in paragraphs 1 and 2, the Commission shall examine the situation as soon as possible within the Standing Committee on Plant Health. On-site investigations may be made under the authority of the Commission and in accordance with the relevant provisions of Article 21. The necessary measures ►M4  based on a pest risk analysis or a preliminary pest risk analysis in cases referred to in paragraph 2 ◄ may be adopted, including those whereby it may be decided whether measures taken by the Member States should be rescinded or amended, under the procedure laid down in ►M4  Article 18(2) ◄ . The Commission shall follow the development of the situation and, under the same procedure, shall amend or repeal, as that development requires, the said measures. Until a measure has been adopted under the aforesaid procedure, the Member State may maintain the measures that it has employed.

4.  The detailed rules for applying paragraphs 1 and 2 shall be adopted, as necessary, ►M4  in accordance with the procedure referred to in Article 18(2) ◄ .

▼M4

5.  If the Commission has not been informed of measures taken under paragraphs 1 or 2, or if it considers the measures taken to be inadequate, it may, pending the meeting of the Standing Committee on Plant Health, take interim protective measures based on a preliminary pest risk analysis to eradicate, or if that is not possible, inhibit the spread of the harmful organism concerned. These measures shall be submitted to the Standing Committee on Plant Health as soon as possible to be confirmed, amended or cancelled in accordance with the procedure referred to in Article 18(2).

▼M4 —————

▼M4

Article 18

1.  The Commission shall be assisted by the Standing Committee on Plant Health instituted by Council Decision 76/894/EEC ( 11 ) hereafter referred to as ‘the Committee’.

2.  Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.  The Committee shall adopt its rules of procedure.

▼M4 —————

▼B

Article 20

1.  This Directive in no way affects Community provisions on plant-health requirements for plants and plant products, except where it provides for or expressly permits stricter requirements in this respect.

2.  Amendments to this Directive which are necessary to establish coherence with the Community provisions referred to in paragraph 1 shall be adopted ►M4  in accordance with the procedure referred to in Article 18(2) ◄ .

3.  For the introduction into their territory of any plants or plant products, in particular those listed in Annex VI and their packaging or the vehicles transporting them, Member States may take special plant-health measures against the harmful organisms which generally attack plants, or plant products in storage.

Article 21

1.  For the purpose of ensuring the correct and uniform application of this Directive, and without prejudice to checks carried out under the authority of the Member States, the Commission may organise checks to be carried out by experts under its authority in respect of the tasks listed in paragraph 3, on- or off-site, in accordance with the provisions of this Article.

Where such checks are carried out in a Member State, this must be done in cooperation with the official plant protection organisation of that Member State as specified in paragraphs 4 and 5 and in accordance with the procedures set out in paragraph 7.

2.  The experts referred to in paragraph 1 may be:

 employed by the Commission,

 employed by Member States, and put at the disposal of the Commission on a temporary or ad hoc basis.

They shall have acquired, at least in one Member State, the qualifications required for persons in charge of carrying out and monitoring official plant health inspections.

▼M4

3.  The checks referred to in paragraph 1 may be carried out in respect of the following tasks:

 monitoring examinations pursuant to Article 6,

 carrying out the official checks pursuant to Article 12(3),

 monitoring or, within the framework of the provisions laid down in the fifth subparagraph of paragraph 5, carrying out in cooperation with the Member States inspections pursuant to Article 13(1),

 carrying out or monitoring the activities specified in the technical arrangements referred to in Article 13b(6),

 making the investigations referred to in Article 15(1), 15(2) and Article 16(3),

 monitoring activities required under the provisions establishing the conditions under which certain harmful organisms, plants, plant products or other objects may be introduced into, or moved within, the Community or certain protected zones thereof, for trial or scientific purposes or for work on varietal selection referred to in Articles 3(9), 4(5), 5(5) and 13b(4),

 monitoring activities required under authorisations granted pursuant to Article 15, under measures taken by Member States pursuant to Article 16(1) or (2), or under measures adopted pursuant to Article 16(3) or (5),

 assisting the Commission in the matters referred to in paragraph 6,

 carrying out any other duty assigned to the experts in the detailed rules referred to in paragraph 7.

▼B

4.  For the purpose of the tasks listed in paragraph 3, the experts referred to in paragraph 1 may:

 visit nurseries, farms and other places where plants, plant products or other objects are or were grown, produced, processed or stored,

 visit places where examinations pursuant to Article 6 or inspections pursuant to Article 13 are carried out,

 consult officials of the official plant protection organisations of the Member States,

 accompany the Member States' national inspectors when they carry out activities for the purposes of applying this Directive.

5.  Under the cooperation mentioned in paragraph 1, second subparagraph, the official plant protection organisation of that Member State shall be given sufficient advance notice of the task to permit the necessary arrangements to be made.

Member States shall take all reasonable steps to ensure that the objectives and effectiveness of inspections are not jeopardised. They shall ensure that the experts may carry out their tasks without hindrance, and shall take all reasonable steps to provide them, on their request, with the available necessary facilities, including laboratory equipment and laboratory staff. The Commission shall ensure refunding of expenses resulting from such requests, within the limits of appropriations available for that purpose in the general budget of the European Union. ►M4  This provision shall not apply to expenses resulting from the following types of requests made on the occasion of the participation of the said experts in the Member States' import inspections: laboratory testing and sampling for visual inspection or for laboratory testing, and already covered by the fees referred to in Article 13d. ◄

The experts shall, wherever national legislation so requires, be duly mandated by the official plant protection organisation of the Member State concerned and observe the rules and practices imposed on that Member State's officials.

Where the task consists of monitoring the examinations referred to in Article 6, monitoring the inspections referred to in Article 13(1), or making the investigations referred to in Article 15(1) and Article 16(3), no decision may be taken on-site. The experts shall report to the Commission on their activities and their findings.

Where the task consists of carrying out the inspections pursuant to Article 13(1), those inspections shall be integrated in an established inspection programme and the rules of procedure established by the Member State concerned shall be complied with; however, in the case of a joint inspection, the Member State concerned will only allow the introduction of a consignment into the Community if its plant protection organisation and the Commission are in agreement. ►M4  In accordance with the procedure referred to in Article 18(2) ◄ , this condition may be extended to other irrevocable requirements applied to consignments before introduction into the Community if experience shows such extension to be necessary. Should the Community expert and the national inspector fail to agree, the Member State concerned shall take any necessary temporary measures, pending a definitive decision.

In all cases, national provisions in respect of criminal proceedings and administrative penalties shall apply according to the normal procedures. Where the experts identify a suspected infringement of the provisions of this Directive, this shall be notified to the competent authorities of the Member State concerned.

6.  The Commission shall:

 establish a network for the notification of new occurrences of harmful organisms,

 make recommendations for drawing up guidelines for the experts and for national inspectors in carrying out their activities.

To assist the Commission in this latter task, Member States shall notify the Commission of the current national inspection procedures in the plant health field.

7.  The Commission shall adopt, ►M4  in accordance with the procedure referred to in Article 18(2) ◄ , detailed rules for the application of this Article, including those applicable to the cooperation mentioned in paragraph 1, second subparagraph.

8.  The Commission shall report to the Council, no later than 31 December 1994, on the experience gained from the implementation of the provisions of this Article. The Council, acting by a qualified majority on a proposal from the Commission, shall take the necessary measures to amend these provisions, if appropriate, in the light of this experience.

▼M29 —————

▼B

Article 27

Directive 77/93/EEC as amended by the acts listed in Annex VIII, Part A is hereby repealed without prejudice to the obligations of the Member States concerning the time limits for transposition and application set out in Annex VIII, Part B.

References to the repealed Directive shall be construed as references to this Directive and should be read in accordance with the correlation table in Annex IX.

▼C3

Article 27a

For the purpose of this Directive and without prejudice to Article 21 thereof, Articles 41 to 46 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules ( 12 ) shall apply, as appropriate.

▼B

Article 28

This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.

Article 29

This Directive is addressed to the Member States.




ANNEX I

PART A

HARMFUL ORGANISMS WHOSE INTRODUCTION INTO, AND SPREAD WITHIN, ALL MEMBER STATES SHALL BE BANNED

Section I

HARMFUL ORGANISMS NOT KNOWN TO OCCUR IN ANY PART OF THE COMMUNITY AND RELEVANT FOR THE ENTIRE COMMUNITY

(a)   Insects, mites and nematodes, at all stages of their development

1.  Acleris spp. (non-European)

▼M27

1.1.  Agrilus anxius Gory

1.2.  Agrilus planipennis Fairmaire

1.3.  Anthonomus eugenii Cano

▼B

2.  Amauromyza maculosa (Malloch)

3.  Anomala orientalis Waterhouse

4.  Anoplophora chinensis (Thomson)

▼M3

4.1.  Anoplophora glabripennis (Motschulsky)

▼B

5.  Anoplophora malasiaca (Forster)

6.  Arrhenodes minutus Drury

7.  Bemisia tabaci Genn. (non-European populations) vector of viruses such as:

(a) Bean golden mosaic virus

(b) Cowpea mild mottle virus

(c) Lettuce infectious yellows virus

(d) Pepper mild tigré virus

(e) Squash leaf curl virus

(f) Euphorbia mosaic virus

(g) Florida tomato virus

8. Cicadellidae (non-European) known to be vector of Pierce's disease (caused by Xylella fastidiosa), such as:

(a)  Carneocephala fulgida Nottingham

(b)  Draeculacephala minerva Ball

(c)  Graphocephala atropunctata (Signoret)

9.  Choristoneura spp. (non-European)

10.  Conotrachelus nenuphar (Herbst)

▼M21

10.0.  Dendrolimus sibiricus Tschetverikov

▼B

10.1.  Diabrotica barberi Smith and Lawrence

10.2.  Diabrotica undecimpunctata howardi Barber

10.3.  Diabrotica undecimpunctata undecimpunctata Mannerheim

▼M21

10.4.  Diabrotica virgifera zeae Krysan & Smith

▼M27

10.5.  Diaphorina citri Kuway

▼B

11.  Heliothis zea (Boddie)

11.1.  Hirschmanniella spp., other than Hirschmanniella gracilis (de Man) Luc and Goodey

12.  Liriomyza sativae Blanchard

13.  Longidorus diadecturus Eveleigh and Allen

14.  Monochamus spp. (non-European)

15.  Myndus crudus Van Duzee

16.  Nacobbus aberrans (Thorne) Thorne and Allen

▼M3

16.1.  Naupactus leucoloma Boheman

▼B

17.  Premnotrypes spp. (non-European)

18.  Pseudopityophthorus minutissimus (Zimmermann)

19.  Pseudopityophthorus pruinosus (Eichhoff)

▼M21

19.1.  Rhynchophorus palmarum (L.)

▼B

20.  Scaphoideus luteolus (Van Duzee)

21.  Spodoptera eridania (Cramer)

22.  Spodoptera frugiperda (Smith)

23.  Spodoptera litura (Fabricus)

24.  Thrips palmi Karny

25. Tephritidae (non-European) such as:

(a)  Anastrepha fraterculus (Wiedemann)

(b)  Anastrepha ludens (Loew)

(c)  Anastrepha obliqua Macquart

(d)  Anastrepha suspensa (Loew)

(e)  Dacus ciliatus Loew

(f)  Dacus curcurbitae Coquillet

(g)  Dacus dorsalis Hendel

(h)  Dacus tryoni (Froggatt)

(i)  Dacus tsuneonis Miyake

(j)  Dacus zonatus Saund.

(k)  Epochra canadensis (Loew)

(l)  Pardalaspis cyanescens Bezzi

(m)  Pardalaspis quinaria Bezzi

(n)  Pterandrus rosa (Karsch)

(o)  Rhacochlaena japonica Ito

(p)  Rhagoletis cingulata (Loew)

(q)  Rhagoletis completa Cresson

(r)  Rhagoletis fausta (Osten-Sacken)

(s)  Rhagoletis indifferens Curran

(t)  Rhagoletis mendax Curran

(u)  Rhagoletis pomonella Walsh

(v)  Rhagoletis ribicola Doane

(w)  Rhagoletis suavis (Loew)

26.  Xiphinema americanum Cobb sensu lato (non-European populations)

27.  Xiphinema californicum Lamberti and Bleve-Zacheo

(b)   Bacteria

▼M27

0.1.  Candidatus Liberibacter spp., causal agent of Huanglongbing disease of citrus/citrus greening

▼B

1.  Xylella fastidiosa (Well and Raju)

(c)   Fungi

1.  Ceratocystis fagacearum (Bretz) Hunt

2.  Chrysomyxa arctostaphyli Dietel

3.  Cronartium spp. (non-European)

4.  Endocronartium spp. (non-European)

5.  Guignardia laricina (Saw.) Yamamoto and Ito

6.  Gymnosporangium spp. (non-European)

7.  Inonotus weirii (Murril) Kotlaba and Pouzar

8.  Melampsora farlowii (Arthur) Davis

▼M27 —————

▼B

10.  Mycosphaerella larici-leptolepis Ito et al.

11.  Mycosphaerella populorum G. E. Thompson

12.  Phoma andina Turkensteen

13.  Phyloosticta solitaria Ell. and Ev.

14.  Septoria lycopersici Speg. var. malagutii Ciccarone and Boerema

15.  Thecaphora solani Barrus

15.1.  Tilletia indica Mitra

16.  Trechispora brinkmannii (Bresad.) Rogers

(d)   Viruses and virus-like organisms

1. Elm phlöem necrosis mycoplasm

2. Potato viruses and virus-like organisms such as:

(a) Andean potato latent virus

(b) Andean potato mottle virus

(c) Arracacha virus B, oca strain

(d) Potato black ringspot virus

(e) Potato spindle tuber viroid

(f) Potato virus T

(g) non-European isolates of potato viruses A, M, S, V, X and Y (including Yo, Yn and Yc) and Potato leafroll virus

3. Tobacco ringspot virus

4. Tomato ringspot virus

5. Viruses and virus-like organisms of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L.,Rubus L. and Vitis L., such as:

(a) Blueberry leaf mottle virus

(b) Cherry rasp leaf virus (American)

(c) Peach mosaic virus (American)

(d) Peach phony rickettsia

(e) Peach rosette mosaic virus

(f) Peach rosette mycoplasm

(g) Peach X-disease mycoplasm

(h) Peach yellows mycoplasm

(i) Plum line pattern virus (American)

(j) Raspberry leaf curl virus (American)

(k) Strawberry latent ‘C’ virus

(l) Strawberry vein banding virus

(m) Strawberry witches' broom mycoplasm

(n) Non-European viruses and virus-like organisms of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L. and Vitis L.

6. Viruses transmitted by Bemisia tabaci Genn., such as:

(a) Bean golden mosaic virus

(b) Cowpea mild mottle virus

(c) Lettuce infectious yellows virus

(d) Pepper mild tigré virus

(e) Squash leaf curl virus

(f) Euphorbia mosaic virus

(g) Florida tomato virus

(e)   Parasitic plants

1.  Arceuthobium spp. (non-European)

Section II

HARMFUL ORGANISMS KNOWN TO OCCUR IN THE COMMUNITY AND RELEVANT FOR THE ENTIRE COMMUNITY

(a)   Insects, mites and nematodes, at all stages of their development

▼M27

0.01.  Bursaphelenchus xylophilus (Steiner and Bührer) Nickle et al.

▼M26 —————

▼B

1.  Globodera pallida (Stone) Behrens

2.  Globodera rostochiensis (Wollenweber) Behrens

▼M19 —————

▼M3 —————

▼B

6.1.  Meloidogyne chitwoodi Golden et al. (all populations)

6.2.  Meloidogyne fallax Karssen

7.  Opogona sacchari (Bojer)

8.  Popilia japonica Newman

8.1.  Rhizoecus hibisci Kawai and Takagi

9.  Spodoptera littoralis (Boisduval)

▼M27

10.  Trioza erytreae Del Guercio

▼B

(b)   Bacteria

1.  Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al.

2.  ►M27  Ralstonia solanacearum (Smith) Yabuuchi et al.  ◄

(c)   Fungi

1.  Melampsora medusae Thümen

2.  Synchytrium endobioticum (Schilbersky) Percival

(d)   Viruses and virus-like organisms

1. Apple proliferation mycoplasm

2. Apricot chlorotic leafroll mycoplasm

3. Pear decline mycoplasm

PART B

HARMFUL ORGANISMS WHOSE INTRODUCTION INTO, AND WHOSE SPREAD WITHIN, CERTAIN PROTECTED ZONES SHALL BE BANNED

(a)   Insects, mites and nematodes, at all stages of their development



Species

Protected zone(s)

▼M28

1.

Bemisia tabaci Genn. (European populations)

IRL, P (Azores, Beira Interior, Beira Litoral, Entre Douro e Minho, Ribatejo e Oeste (communes of Alcobaça, Alenquer, Bombarral, Cadaval, Caldas da Rainha, Lourinhã, Nazaré, Obidos, Peniche and Torres Vedras) and Trás-os-Montes), UK, S, FI

▼A1

1.1.

Daktulosphaira vitifoliae (Fitch)

CY

▼M27

1.2.

Dryocosmus kuriphilus Yasumatsu

IRL, P, UK

▼A1

2.

Globodera pallida (Stone) Behrens

FI, LV, SI, SK

3.

Leptinotarsa decemlineata Say

►M14  E (Ibiza and Menorca), IRL, CY, M, P (Azores and Madeira), UK, S (Malmöhus, Kristianstads, Blekinge, Kalmar, Gotlands Län, Halland), FI (the districts of Åland, Turku, Uusimaa, Kymi, Häme, Pirkanmaa, Satakunta) ◄

▼M3

4.

Liriomyza bryoniae (Kaltenbach)

IRL and UK (Northern Ireland)

▼M27

5.

Thaumatopoea processionea L.

IRL, UK (excluding the local authority areas of Barnet; Brent; Bromley; Camden; City of London; City of Westminster; Croydon; Ealing; Elmbridge District; Epsom and Ewell District; Hackney; Hammersmith & Fulham; Haringey; Harrow; Hillingdon; Hounslow; Islington; Kensington & Chelsea; Kingston upon Thames; Lambeth; Lewisham; Merton; Reading; Richmond Upon Thames; Runnymede District; Slough; South Oxfordshire; Southwark; Spelthorne District; Sutton; Tower Hamlets; Wandsworth and West Berkshire)

▼B

(b)   Viruses and virus-like organisms



Species

Protected zone(s)

▼M10

1.

Beet necrotic yellow vein virus

►M14  DK,  ◄ F (Britanny), FI, IRL, ►M17  LT,  ◄ P (Azores), UK (Northern Ireland)

▼B

2.

Tomato spotted wilt virus

►M1  DK,  ◄ S, FI




ANNEX II

PART A

HARMFUL ORGANISMS WHOSE INTRODUCTION INTO, AND SPREAD WITHIN, ALL MEMBER STATES SHALL BE BANNED IF THEY ARE PRESENT ON CERTAIN PLANTS OR PLANT PRODUCTS

Section I

HARMFUL ORGANISMS NOT KNOWN TO OCCUR IN THE COMMUNITY AND RELEVANT FOR THE ENTIRE COMMUNITY

(a)   Insects, mites and nematodes, at all stages of their development



Species

Subject of contamination

1.

Aculops fuchsiae Keifer

Plants of Fuchsia L., intended for planting, other than seeds

▼M27 —————

▼B

2.

Aleurocantus spp.

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

3.

Anthonomus bisignifer (Schenkling)

Plants of Fragaria L., intended for planting, other than seeds

4.

Anthonomus signatus (Say)

Plants of Fragaria L., intended for planting, other than seeds

5.

Aonidella citrina Coquillet

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

6.

Aphelenchoïdes besseyi Christie (1)

Seeds of Oryza spp.

7.

Aschistonyx eppoi Inouye

Plants of Juniperus L., other than fruit and seeds, originating in non-European countries

▼M27 —————

▼B

9.

Carposina niponensis Walsingham

Plants of Cydonia Mill., Malus Mill., Prunus L. and Pyrus L., other than seeds, originating in non-European countries

▼M27 —————

▼B

11.

Enarmonia packardi (Zeller)

Plants of Cydonia Mill., Malus Mill., Prunus L. and Pyrus L., other than seeds, originating in non-European countries

12.

Enarmonia prunivora Walsh

Plants of Crataegus L., Malus Mill., Photinia Ldl., Prunus L. and Rosa L., intended for planting, other than seeds, and fruit of Malus Mill. and Prunus L., originating in non-European countries

13.

Eotetranychus lewisi McGregor

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

▼A1

▼B

15.

Grapholita inopinata Heinrich

Plants of Cydonia Mill., Malus Mill., Prunus L. and Pyrus L., other than seeds, originating in non-European countries

16.

Hishomonus phycitis

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

17.

Leucaspis japonica Ckll.

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

18.

Listronotus bonariensis (Kuschel)

Seeds of Cruciferae, Gramineae and Trifolium spp., originating in Argentina, Australia, Bolivia, Chile, New Zealand and Uruguay

19.

Margarodes, non-European species, such as:

(a)  Margarodes vitis (Phillipi)

(b)  Margarodes vredendalensis de Klerk

(c)  Margarodes prieskaensis Jakubski

Plants of Vitis L., other than fruit and seeds

20.

Numonia pyrivorella (Matsumura)

Plants of Pyrus L., other than seeds, originating in non-European countries

21.

Oligonychus perditus Pritchard and Baker

Plants of Juniperus L., other than fruit and seeds, originating in non-European countries

22.

Pissodes spp. (non-European)

Plants of conifers (Coniferales), other than fruit and seeds, wood of conifers (Coniferales) with bark, and isolated bark of conifers (Coniferales), originating in non-European countries

23.

Radopholus citrophilus Huettel Dickson and Kaplan

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds, and Plants of Araceae, Marantaceae, Musaceae, Persea spp., Strelitziaceae, rooted or with growing medium attached or associated

▼M21 —————

▼B

25.

Scirtothrips aurantii Faure

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than seeds

26.

Scirtothrips dorsalis Hood

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

27.

Scirtothrips citri (Moultex)

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than seeds

28.

Scolytidae spp. (non-European)

Plants of conifers (Coniferales), over 3 m in height, other than fruit and seeds, wood of conifers (Coniferales) with bark, and isolated bark of conifers (Coniferales), originating in non-European countries

▼M21

28.1.

Scrobipalpopsis solanivora Povolny

Tubers of Solanum tuberosum L.

▼B

29.

Tachypterellus quadrigibbus Say

Plants of Cydonia Mill., Malus Mill., Prunus L. and Pyrus L., other than seeds, originating in non-European countries

30.

Toxoptera citricida Kirk.

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

▼M27 —————

▼B

32.

Unaspis citri Comstock

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

(1)    Aphelenchoides besseyi Christie is not present on Oryza spp. in the Community

(b)   Bacteria



Species

Subject of contamination

▼M27 —————

▼B

2.

Citrus variegated chlorosis

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

3.

Erwinia stewartii (Smith) Dye

Seeds of Zea mais L.

4.

Xanthomonas campestris (all strains pathogenic to Citrus)

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than seeds

5.

Xanthomonas campestris pv. oryzae (Ishiyama) Dye and pv. oryzicola (Fang. et al.) Dye

Seeds of Oryza spp.

(c)   Fungi



Species

Subject of contamination

1.

Alternaria alternata (Fr.) Keissler (non-European pathogenic isolates)

Plants of Cydonia Mill., Malus Mill. and Pyrus L. intended for planting, other than seeds, originating in non-European countries

▼M3

1.1.

Anisogramma anomala (Peck) E. Müller

Plants of Corylus L., intended for planting, other than seeds, originating in Canada and the United States of America

▼B

2.

Apiosporina morbosa (Schwein.) v. Arx

Plants of Prunus L. intended for planting, other than seeds

3.

Atropellis spp.

Plants of Pinus L., other than fruit and seeds, isolated bark and wood of Pinus L.

▼M12

4.

Ceratocystis virescens (Davidson) Moreau

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

▼B

5.

Cercoseptoria pini-densiflorae (Hori and Nambu) Deighton

Plants of Pinus L., other than fruit and seeds, and wood of Pinus L.

6.

Cercospora angolensis Carv. and Mendes

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than seeds

▼M27 —————

▼B

8.

Diaporthe vaccinii Shaer

Plants of Vaccinium spp., intended for planting, other than seeds

9.

Elsinoe spp. Bitanc. and Jenk. Mendes

Plants of Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds and plants of Citrus L. and their hybrids, other than seeds and other than fruits, except fruits of Citrus reticulata Blanco and of Citrus sinensis (L.) Osbeck originating in South America

10.

Fusarium oxysporum f. sp. albedinis (Kilian and Maire) Gordon

Plants of Phoenix spp., other than fruit and seeds

11.

Guignardia citricarpa Kiely (all strains pathogenic to Citrus)

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than seeds

12.

Guignardia piricola (Nosa) Yamamoto

Plants of Cydonia Mill., Malus Mill., Prunus L. and Pyrus L., other than seeds, originating in non-European countries

13.

Puccinia pittieriana Hennings

Plants of Solanaceae, other than fruit and seeds

14.

Scirrhia acicola (Dearn.) Siggers

Plants of Pinus L., other than fruit and seeds

▼M21

14.1.

Stegophora ulmea (Schweinitz: Fries) Sydow & Sydow

Plants of Ulmus L. and Zelkova L., intended for planting, other than seeds

▼B

15.

Venturia nashicola Tanaka and Yamamoto

Plants of Pyrus L., intended for planting, other than seeds, originating in non-European countries

(d)   Virus and virus-like organisms



Species

Subject of contamination

1.

Beet curly top virus (non-European isolates)

Plants of Beta vulgaris L., intended for planting, other than seeds

2.

Black raspberry latent virus

Plants of Rubus L., intended for planting

3.

Blight and blight-like

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

4.

Cadang-Cadang viroid

Plants of Palmae, intended for planting, other than seeds, originating in non-European countries

5.

Cherry leafroll virus (1)

Plants of Rubus L., intended for planting

▼M21

5.1.

Chrysanthemum stem necrosis virus

Plants of Dendranthema (DC.) Des Moul. and ►M27  Solanum lycopersicum L. ◄ , intended for planting, other than seeds

▼B

6.

Citrus mosaic virus

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

7.

Citrus tristeza virus (non-European isolates)

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

8.

Leprosis

Plants of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, other than fruit and seeds

9.

Little cherry pathogen (non-European isolates)

Plants of Prunus cerasus L., Prunus avium L., Prunus incisa Thunb., Prunus sargentii Rehd., Prunus serrula Franch., Prunus serrulata Lindl., Prunus speciosa (Koidz.) Ingram, Prunus subhirtella Miq., Prunus yedoensis Matsum., and hybrids and cultivars thereof, intended for planting, other than seeds

10.

Naturally spreading psorosis

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

11.

Palm lethal yellowing mycoplasm

Plants of Palmae, intended for planting, other than seeds, originating in non-European countries

12.

Prunus necrotic ringspot virus (2)

Plants of Rubus L., intended for planting

13.

Satsuma dwarf virus

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

14.

Tatter leaf virus

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

15.

Witches' broom (MLO)

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

(1)   Cherry leaf roll virus is not present in Rubus L. in the Community.

(2)   Prunus necrotic ringspot virus is not present in Rubus L. in the Community.

Section II

HARMFUL ORGANISMS KNOWN TO OCCUR IN THE COMMUNITY AND RELEVANT FOR THE ENTIRE COMMUNITY

(a)   Insects, mites and nematodes, at all stages of their development



Species

Subject of contamination

1.

Aphelenchoides besseyi Christie

Plants of Fragaria L., intended for planting, other than seeds

2.

Daktulosphaira vitifoliae (Fitch)

Plants of Vitis L., other than fruit and seeds

3.

Ditylenchus destructor Thorne

Flower bulbs and corms of Crocus L., miniature cultivars and their hybrids of the genus Gladiolus Tourn. ex L., such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort., Gladiolus tubergenii hort., Hyacinthus L., Iris L., Trigridia Juss, Tulipa L., intended for planting, and potato tubers (Solanum tuberosum L.), intended for planting

4.

Ditylenchus dipsaci (Kühn) Filipjev

Seeds and bulbs of Allium ascalonicum L., Allium cepa L. and Allium schoenoprasum L., intended for planting and plants of Allium porrum L., intended for planting, bulbs and corms of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston ‘Golden Yellow’, Galanthus L., Galtonia candicans (Baker) Decne, Hyacinthus L., Ismene Herbert, Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tulipa L., intended for planting, and seeds of Medicago sativa L.

5.

Circulifer haematoceps

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

6.

Circulifer tenellus

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

▼A1

6.1.

Eutetranychus orientalis Klein

Plants of Citrus L., Fortunella Swingle, Poncirus Raf. Raf. and their hybrids, other than fruit and seeds

▼M19

6.2.

Helicoverpa armigera (Hübner)

Plants of Dendranthema (DC.) Des Moul, Dianthus L., Pelargonium l'Hérit. ex Ait. and of the family Solanaceae, intended for planting, other than seeds

▼M21

6.3.

Parasaissetia nigra (Nietner)

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

▼B

7.

Radopholus similis (Cobb) Thorne

Plants of Araceae, Marantaceae, Musaceae, Persea spp., Strelitziaceae, rooted or with growing medium attached or associated

▼M3

8.

Liriomyza huidobrensis (Blanchard)

Cut flowers, leafy vegetables of Apium graveolens L. and plants of herbaceous species, intended for planting, other than:

— bulbs,

— corms,

— plants of the family Gramineae,

— rhizomes,

— seeds

9.

Liriomyza trifolii (Burgess)

Cut flowers, leafy vegetables of Apium graveolens L. and plants of herbaceous species, intended for planting, other than:

— bulbs,

— corms,

— plants of the family Gramineae,

— rhizomes,

— seeds

▼M21

10.

Paysandisia archon (Burmeister)

Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth, Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf.

▼B

(b)   Bacteria



Species

Subject of contamination

1.

Clavibacter michiganensis spp. insidiosus (McCulloch) Davis et al.

Seeds of Medicago sativa L.

2.

Clavibacter michiganensis spp. michiganensis (Smith) Davis et al.

Plants of ►M27  Solanum lycopersicum L. ◄ , intended for planting

3.

Erwinia amylovora (Burr.) Winsl. et al.

►M8  Plants of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. and Sorbus L., intended for planting, other than seeds ◄

4.

Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey

Plants of Dianthus L., intended for planting, other than seeds

5.

Pseudomonas caryophylli (Burkholder) Starr and Burkholder

Plants of Dianthus L., intended for planting, other than seeds

6.

Pseudomonas syringae pv. persicae (Prunier et al.) Young et al.

Plants of Prunus persica (L.) Batsch and Prunus persica var. nectarina (Ait.) Maxim, intended for planting, other than seeds

7.

Xanthomonas campestris pv. phaseoli (Smith) Dye

Seeds of Phaseolus L.

8.

Xanthomonas campestris pv. pruni (Smith) Dye

Plants of Prunus L., intended for planting, other than seeds

9.

Xanthomonas campestris pv. vesicatoria (Doidge) Dye

Plants of ►M27  Solanum lycopersicum L. ◄ and Capsicum spp., intended for planting

10.

Xanthomonas fragariae Kennedy and King

Plants of Fragaria L., intended for planting, other than seeds

11.

Xylophilus ampelinus (Panagopoulos) Willems et al.

Plants of Vitis L., other than fruit and seeds

(c)   Fungi



Species

Subject of contamination

▼M28

1.

Ceratocystis platani (J. M. Walter) Engelbr. & T. C. Harr

Plants of Platanus L., intended for planting, other than seeds, and wood of Platanus L., including wood which has not kept its natural round surface

▼M19 —————

▼B

3.

Cryphonectria parasitica (Murrill) Barr

►M12  Plants of Castanea Mill and Quercus L., intended for planting, other than seeds ◄

4.

Didymella ligulicola (Baker, Dimock and Davis) v. Arx

Plants of Dendranthema (DC.) Des Moul., intended for planting, other than seeds

5.

Phialophora cinerescens (Wollenweber) van Beyma

Plants of Dianthus L., intended for planting, other than seeds

6.

Phoma tracheiphila (Petri) Kanchaveli and Gikashvili

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than seeds

7.

Phytophthora fragariae Hickmann var. fragariae

Plants of Fragaria L., intended for planting, other than seeds

8.

Plasmopara halstedii (Farlow) Berl. and de Toni

Seeds of Helianthus annuus L.

9.

Puccinia horiana Hennings

Plants of Dendranthema (DC.) Des Moul., intended for planting, other than seeds

10.

Scirrhia pini Funk and Parker

Plants of Pinus L., intended for planting, other than seeds

11.

Verticillium albo-atrum Reinke and Berthold

Plants of Humulus lupulus L., intended for planting, other than seeds

12.

Verticillium dahliae Klebahn

Plants of Humulus lupulus L., intended for planting, other than seeds

(d)   Viruses and virus-like organisms



Species

Subject of contamination

1.

Arabis mosaic virus

Plants of Fragaria L. and Rubus L., intended for planting, other than seeds

2.

Beet leaf curl virus

Plants of Beta vulgaris L., intended for planting, other than seeds

3.

Chrysanthemum stunt viroid

Plants of Dendranthema (DC.) Des Moul., intended for planting, other than seeds

4.

Citrus tristeza virus (European isolates)

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

▼M27 —————

▼B

6.

Grapevine flavescence dorée MLO

Plants of Vitis L., other than fruit and seeds

7.

Plum pox virus

Plants of Prunus L., intended for planting, other than seeds

8.

Potato stolbur mycoplasm

Plants of Solanaceae, intended for planting, other than seeds

9.

Raspberry ringspot virus

Plants of Fragaria L. and Rubus L., intended for planting, other than seeds

10.

Spiroplasma citri Saglio et al.

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

11.

Strawberry crinkle virus

Plants of Fragaria L., intended for planting, other than seeds

12.

Strawberry latent ringspot virus

Plants of Fragaria L. and Rubus L., intended for planting, other than seeds

13.

Strawberry mild yellow edge virus

Plants of Fragaria L., intended for planting, other than seeds

14.

Tomato black ring virus

Plants of Fragaria L. and Rubus L., intended for planting, other than seeds

15.

Tomato spotted wilt virus

Plants of Apium graveolens L., Capsicum annuum L., Cucumis melo L., Dendranthema (DC.) Des Moul., all varieties of New Guinea hybrids Impatiens, Lactuca sativa L., ►M27  Solanum lycopersicum L. ◄ Nicotiana tabacum L., of which there shall be evidence that they are intended for sale to professional tobacco production. Solanum melongena L. and Solanum tuberosum L., intended for planting, other than seeds

16.

Tomato yellow leaf curl virus

Plants of ►M27  Solanum lycopersicum L. ◄ , intended for planting, other than seeds

PART B

HARMFUL ORGANISMS WHOSE INTRODUCTION INTO, AND WHOSE SPREAD WITHIN, CERTAIN PROTECTED ZONES SHALL BE BANNED IF THEY ARE PRESENT ON CERTAIN PLANTS OR PLANT PRODUCTS

(a)   Insect mites and nematodes, at all stages of their development



Species

Subject of contamination

Protected zone(s)

1.

Anthonomus grandis (Boh.)

Seeds and fruits (bolls) of Gossypium spp. and unginned cotton

EL, E (Andalucia, Catalonia, Extremadura, Murcia, Valencia)

2.

Cephalcia lariciphila (Klug)

Plants of Larix Mill., intended for planting, other than seeds

IRL, UK (Northern Ireland, Isle of Man and Jersey)

3.

Dendroctonus micans Kugelan

Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr., over 3 m in height, other than fruit and seeds, wood of conifers (Coniferales) with bark, isolated bark of conifers

►M14  EL, IRL, UK (Northern Ireland, Isle of Man and Jersey) ◄

4.

Gilphinia hercyniae (Hartig)

Plants of Picea A. Dietr., intended for planting, other than seeds

EL, IRL, UK (Northern Ireland, Isle of Man and Jersey)

5.

Gonipterus scutellatus Gyll.

Plants of Eucalyptus l'Herit., other than fruit and seeds

►M7  EL, P (Azores) ◄

6.

(a) Ips amitinus Eichhof

Plants of Abies Mill., Larix Mill., Picea A. Dietr. and Pinus L., over 3 m in height, other than fruit and seeds, wood of conifers (Coniferales) with bark, isolated bark of conifers

►M27  EL, IRL, UK ◄

(b) Ips cembrae Heer

Plants of Abies Mill., Larix Mill., Picea A. Dietr. and Pinus L. and Pseudotsuga Carr., over 3 m in height, other than fruit and seeds, wood of conifers (Coniferales) with bark, isolated bark of conifers

EL, IRL, UK (Northern Ireland, Isle of Man)

(c) Ips duplicatus Sahlberg

Plants of Abies Mill., Larix Mill., Picea A. Dietr. and Pinus L., over 3 m in height, other than fruit and seeds, wood of conifers (Coniferales) with bark, isolated bark of conifers

EL, IRL, UK

▼A1

(d) Ips sexdentatus Börner

Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. over 3 m in height, other than fruit and seeds, wood of conifers (Coniferales) with bark, isolated bark of conifers

IRL, CY, UK (Northern Ireland, Isle of Man)

▼B

(e) Ips typographus Heer

Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr., over 3 m in height, other than fruit and seeds, wood of conifers (Coniferales) with bark, isolated bark of conifers

IRL, UK

▼M2 —————

▼M1 —————

▼B

9.

Sternochetus mangiferae Fabricius

Seeds of Mangifera spp. originating in third countries

E (Granada and Malaga), P (Alentejo, Algarve and Madeira)

▼M19 —————

▼B

(b)   Bacteria



Species

Subject of contamination

Protected zone(s)

1.

Curtobacterium flaccumfaciens pv. flaccumfaciens (Hedges) Collins and Jones

Seeds of Phaseolus vulgaris L. and Dolichos Jacq.

EL, E, P

▼M10

2.

Erwinia amylovora (Burr.) Winsl. et al.

Parts of plants, other than fruit, seeds and plants intended for planting, but including live pollen for pollination of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. and Sorbus L.

►M28  E (except the autonomous communities of Aragon, Castilla la Mancha, Castilla y León, Extremadura, Murcia, Navarra and La Rioja, and the province of Guipuzcoa (Basque Country), the Comarcas de L'Alt Vinalopó and El Vinalopó Mitjà in the province of Alicante and the municipalities of Alborache and Turís in the province of Valencia (Comunidad Valenciana)), EE, F (Corsica), IRL (except Galway city), I (Abruzzo, Apulia, Basilicata, Calabria, Campania, Emilia-Romagna (the provinces of Parma and Piacenza), Lazio, Liguria, Lombardy (except the provinces of Mantua and Sondrio), Marche, Molise, Piedmont, Sardinia, Sicily, Tuscany, Umbria, Valle d'Aosta, Veneto (except the provinces of Rovigo and Venice, the communes Barbona, Boara Pisani, Castelbaldo, Masi, Piacenza d'Adige, S. Urbano, Vescovana in the province of Padova and the area situated to the south of highway A4 in the province of Verona)), LV, LT (except the municipalities of Babtai and Kėdainiai (region of Kaunas)), P, SI (except the regions Gorenjska, Koroška, Maribor and Notranjska, and the communes of Lendava and Renče-Vogrsko (south from the highway H4)), SK (except the communes of Blahová, Čenkovce, Horné Mýto, Okoč, Topoľníky and Trhová Hradská (Dunajská Streda County), Hronovce and Hronské Kľačany (Levice County), Dvory nad Žitavou (Nové Zámky County), Málinec (Poltár County), Hrhov (Rožňava County), Veľké Ripňany (Topoľčany County), Kazimír, Luhyňa, Malý Horeš, Svätuše and Zatín (Trebišov County)), FI, UK (Northern Ireland, Isle of Man and Channel Islands). ◄

▼B

(c)   Fungi



Species

Subject of contamination

Protected zone(s)

▼M28

0.0.1.

Ceratocystis platani (J. M. Walter) Engelbr. & T. C. Harr.

Plants of Platanus L., intended for planting, other than seeds, and wood of Platanus L., including wood which has not kept its natural round surface

UK

▼M27

0.1.

Cryphonectria parasitica (Murrill) Barr.

Wood, excluding wood which is bark-free, isolated bark, and plants intended for planting of Castanea Mill.

CZ, IRL, S, UK

▼B

1.

Glomerella gossypii Edgerton

Seeds and fruits (bolls) of Gossypium spp.

EL

2.

Gremmeniella abietina (Lag.) Morelet

Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr., intended for planting, other than seeds

IRL, UK (Northern Ireland)

3.

Hypoxylon mammatum (Wahl.) J. Miller

Plants of Populus L., intended for planting, other than seeds

IRL, UK (Northern Ireland)

▼A1

(d)   Virus and virus-like organisms



Species

Subject of contamination

Protected zone(s)

1.  Citrus tristeza virus (European isolates)

Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, with leaves and peduncles

►M27  EL (except the Regional Units of Argolida and Chania), M, P (except Algarve and Madeira) ◄

▼M18

2.  Grapevine flavescence dorée MLO

Plants of Vitis L., other than fruit and seeds.

►M27  CZ, FR (Alsace, Champagne-Ardenne, Picardie (département de l'Aisne), Ile de France (communes de Citry, Nanteuil-sur-Marne et Saâcy-sur-Marne) and Lorraine), I (Apulia, Basilicata and Sardinia) ◄

▼B




ANNEX III

PART A

PLANTS, PLANT PRODUCTS AND OTHER OBJECTS THE INTRODUCTION OF WHICH SHALL BE PROHIBITED IN ALL MEMBER STATES



Description

Country of origin

1.

Plants of Abies Mill., Cedrus Trew, Chamaecyparis Spach, Juniperus L., Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. and Tsuga Carr., other than fruit and seeds

Non-European countries

2.

Plants of Castanea Mill., and Quercus L., with leaves, other than fruit and seeds

Non-European countries

3.

Plants of Populus L., with leaves, other than fruit and seeds

North American countries

▼M12 —————

▼B

5.

Isolated bark of Castanea Mill.

Third countries

6.

Isolated bark of Quercus L., other than Quercus suber L.

North American countries

7.

Isolated bark of Acer saccharum Marsh.

North American countries

8.

Isolated bark of Populus L.

Countries of the American continent

9.

Plants of Chaenomeles Ldl., Cydonia Mill., Crateagus L., Malus Mill., Prunus L., Pyrus L., and Rosa L., intended for planting, other than dormant plants free from leaves, flowers and fruit

Non-European countries

9.1.

Plants of Photinia Ldl., intended for planting, other than dormant plants free from leaves, flowers and fruit

USA, China, Japan, the Republic of Korea and Democratic People's Republic of Korea

10.

Tubers of Solanum tuberosum L., seed potatoes

Third countries other than Switzerland

11.

Plants of stolon- or tuber-forming species of Solanum L. or their hybrids, intended for planting, other than those tubers of Solanum tuberosum L. as specified under Annex III A (10)

Third countries

12.

Tubers of species of Solanum L., and their hybrids, other than those specified in points 10 and 11

Without prejudice to the special requirements applicable to the potato tubers listed in Annex IV, Part A Section I, third countries other than Algeria, ►A1  Cyprus,  ◄ Egypt, Israel, Libya, ►A1  Malta,  ◄ Morocco, Syria, Switzerland, Tunisia and Turkey, and other than European third countries which are either recognised as being free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al., ►M4  in accordance with the procedure referred to in Article 18(2) ◄ , or in which provisions recognised as equivalent to the Community provisions on combating Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. ►M4  in accordance with the procedure referred to in Article 18(2) ◄ , have been complied with

13.

Plants of Solanaceae intended for planting, other than seeds and those items covered by Annex III A (10), (11) or (12)

Third countries, other than European and Mediterranean countries

14.

Soil and growing medium as such, which consists in whole or in part of soil or solid organic substances such as parts of plants, humus including peat or bark, other than that composed entirely of peat

Turkey, Belarus, ►A1  Estonia, Latvia, Lithuania,  ◄ Moldavia, Russia, Ukraine and third countries not belonging to continental Europe, other than the following: ►A1   Cyprus, ◄ Egypt, Israel, Libya, ►A1  Malta,  ◄ Morocco, Tunisia

15.

Plants of Vitis L., other than fruits

►M9  Third countries other than Switzerland ◄

16.

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

Third countries

17.

Plants of Phoenix spp. other than fruit and seeds

Algeria, Morocco

18.

Plants of Cydonia Mill., Malus Mill., Prunus L. and Pyrus L. and their hybrids, and Fragaria L., intended for planting, other than seeds

Without prejudice to the prohibitions applicable to the plants listed in Annex III A (9), where appropriate, non-European countries, other than Mediterranean countries, Australia, New Zealand, Canada, the continental states of the USA

19.

Plants of the family Graminacae, other than plants of ornamental perennial grasses of the subfamilies Bambusoideae and Panicoideae and of the genera Buchloe, Bouteloua Lag., Calamagrostis, Cortaderia Stapf., Glyceria R. Br., Hakonechloa Mak. ex Honda, Hystrix, Molinia, Phalaris L., Shibataea, Spartina Schreb., Stipa L. and Uniola L., intended for planting, other than seeds

Third countries, other than European and Mediterranean countries

▼A1

PART B

PLANTS, PLANT PRODUCTS AND OTHER OBJECTS THE INTRODUCTION OF WHICH SHALL BE PROHIBITED IN CERTAIN PROTECTED ZONES



Description

Protected zone(s)

▼M10

1.  Without prejudice to the prohibitions applicable to the plants listed in Annex IIIA(9), (9.1), (18), where appropriate, plants and live pollen for pollination of: Amelanchier Med., Chaenomeles Lindl., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus L. and Sorbus L., other than fruit and seeds, originating in third countries other than Switzerland and other than those recognised as being free from Erwinia amylovora (Burr.) Winsl. et al. in accordance with the procedure laid down in Article 18(2), or in which pest free areas have been established in relation to Erwinia amylovora (Burr.) Winsl. et al. in accordance with the relevant International Standard for Phytosanitary Measures and recognised as such in accordance with the procedure laid down in Article 18(2)

►M28  E (except the autonomous communities of Aragon, Castilla la Mancha, Castilla y León, Extremadura, Murcia, Navarra and La Rioja, and the province of Guipuzcoa (Basque Country), the Comarcas de L'Alt Vinalopó and El Vinalopó Mitjà in the province of Alicante and the municipalities of Alborache and Turís in the province of Valencia (Comunidad Valenciana)), EE, F (Corsica), IRL (except Galway city), I (Abruzzo, Apulia, Basilicata, Calabria, Campania, Emilia-Romagna (the provinces of Parma and Piacenza), Lazio, Liguria, Lombardy (except the provinces of Mantua and Sondrio), Marche, Molise, Piedmont, Sardinia, Sicily, Tuscany, Umbria, Valle d'Aosta, Veneto (except the provinces of Rovigo and Venice, the communes Barbona, Boara Pisani, Castelbaldo, Masi, Piacenza d'Adige, S. Urbano, Vescovana in the province of Padova and the area situated to the south of highway A4 in the province of Verona)), LV, LT (except the municipalities of Babtai and Kėdainiai (region of Kaunas)), P, SI (except the regions Gorenjska, Koroška, Maribor and Notranjska, and the communes of Lendava and Renče-Vogrsko (south from the highway H4)), SK (except the communes of Blahová, Čenkovce, Horné Mýto, Okoč, Topoľníky and Trhová Hradská (Dunajská Streda County), Hronovce and Hronské Kľačany (Levice County), Dvory nad Žitavou (Nové Zámky County), Málinec (Poltár County), Hrhov (Rožňava County), Veľké Ripňany (Topoľčany County), Kazimír, Luhyňa, Malý Horeš, Svätuše and Zatín (Trebišov County)), FI, UK (Northern Ireland, Isle of Man and Channel Islands). ◄

2.  Without prejudice to the prohibitions applicable to the plants listed in Annex IIIA(9), (9.1), (18), where appropriate, plants and live pollen for pollination of: Cotoneaster Ehrh. and Photinia davidiana (Dcne.) Cardot, other than fruit and seeds, originating in third countries other than those recognised as being free from Erwinia amylovora (Burr.) Winsl. et al. in accordance with the procedure laid down in Article 18(2), or in which pest free areas have been established in relation to Erwinia amylovora (Burr.) Winsl. et al. in accordance with the relevant International Standard for Phytosanitary Measures and recognised as such in accordance with the procedure laid down in Article 18(2)

►M28  E (except the autonomous communities of Aragon, Castilla la Mancha, Castilla y León, Extremadura, Murcia, Navarra and La Rioja, and the province of Guipuzcoa (Basque Country), the Comarcas de L'Alt Vinalopó and El Vinalopó Mitjà in the province of Alicante and the municipalities of Alborache and Turís in the province of Valencia (Comunidad Valenciana)), EE, F (Corsica), IRL (except Galway city), I (Abruzzo, Apulia, Basilicata, Calabria, Campania, Emilia-Romagna (the provinces of Parma and Piacenza), Lazio, Liguria, Lombardy (except the provinces of Mantua and Sondrio), Marche, Molise, Piedmont, Sardinia, Sicily, Tuscany, Umbria, Valle d'Aosta, Veneto (except the provinces of Rovigo and Venice, the communes Barbona, Boara Pisani, Castelbaldo, Masi, Piacenza d'Adige, S. Urbano, Vescovana in the province of Padova and the area situated to the south of highway A4 in the province of Verona)), LV, LT (except the municipalities of Babtai and Kėdainiai (region of Kaunas)), P, SI (except the regions Gorenjska, Koroška, Maribor and Notranjska, and the communes of Lendava and Renče-Vogrsko (south from the highway H4)), SK (except the communes of Blahová, Čenkovce, Horné Mýto, Okoč, Topoľníky and Trhová Hradská (Dunajská Streda County), Hronovce and Hronské Kľačany (Levice County), Dvory nad Žitavou (Nové Zámky County), Málinec (Poltár County), Hrhov (Rožňava County), Veľké Ripňany (Topoľčany County), Kazimír, Luhyňa, Malý Horeš, Svätuše and Zatín (Trebišov County)), FI, UK (Northern Ireland, Isle of Man and Channel Islands). ◄

▼B




ANNEX IV

PART A

SPECIAL REQUIREMENTS WHICH MUST BE LAID DOWN BY ALL MEMBER STATES FOR THE INTRODUCTION AND MOVEMENT OF PLANTS, PLANT PRODUCTS AND OTHER OBJECTS INTO AND WITHIN ALL MEMBER STATES

Section I

PLANTS, PLANT PRODUCTS AND OTHER OBJECTS ORIGINATING OUTSIDE THE COMMUNITY



Plants, plant products and other objects

Special requirements

▼M27

1.1.

Whether or not listed among the CN codes in Annex V, Part B, wood of conifers (Coniferales), except that of Thuja L. and Taxus L., other than in the form of:

— chips, particles, sawdust, shavings, wood waste and scrap obtained in whole or part from these conifers,

— wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, whether or not actually in use in the transport of objects of all kinds, except dunnage supporting consignments of wood, which is constructed from wood of the same type and quality as the wood in the consignment and which meets the same Union phytosanitary requirements as the wood in the consignment,

— wood of Libocedrus decurrens Torr. where there is evidence that the wood has been processed or manufactured for pencils using heat treatment to achieve a minimum temperature of 82 °C for a seven to eight-day period,

but including that which has not kept its natural round surface, originating in Canada, China, Japan, the Republic of Korea, Mexico, Taiwan and the USA, where Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. is known to occur.

Official statement that the wood has undergone an appropriate:

(a)  heat treatment to achieve a minimum temperature of 56 °C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core). There shall be evidence thereof by a mark ‘HT’ put on the wood or on any wrapping in accordance with current usage, and on the certificates referred to in Article 13.1.(ii),

or

(b)  fumigation to a specification approved in accordance with the procedure laid down in Article 18.2. There shall be evidence thereof by indicating on the certificates referred to in Article 13.1.(ii), the active ingredient, the minimum wood temperature, the rate (g/m3 ) and the exposure time (h),

or

(c)  chemical pressure impregnation with a product approved in accordance with the procedure laid down in Article 18.2. There shall be evidence thereof by indicating on the certificates referred to in Article 13.1.(ii), the active ingredient, the pressure (psi or kPa) and the concentration (%),

and

official statement that subsequent to its treatment the wood was transported until leaving the country issuing that statement outside of the flight season of the vector Monochamus, taking into account a safety margin of four additional weeks at the beginning and at the end of the expected flight season, or, except in the case of wood free from any bark, with a protective covering ensuring that infestation with Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. or its vector cannot occur.

1.2.

Whether or not listed among the CN codes in Annex V, Part B, wood of conifers (Coniferales) in the form of:

— chips, particles, sawdust, shavings, wood waste and scrap obtained in whole or part from these conifers,

originating in Canada, China, Japan, the Republic of Korea, Mexico, Taiwan and the USA, where Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. is known to occur.

Official statement that the wood has undergone an appropriate:

(a)  heat treatment to achieve a minimum temperature of 56 °C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core), the latter to be indicated on the certificates referred to in Article 13.1.(ii),

or

(b)  fumigation to a specification approved in accordance with the procedure laid down in Article 18.2. There shall be evidence thereof by indicating on the certificates referred to in Article 13.1.(ii), the active ingredient, the minimum wood temperature, the rate (g/m3 ) and the exposure time (h),

and

official statement that subsequent to its treatment the wood was transported until leaving the country issuing that statement outside of the flight season of the vector Monochamus, taking into account a safety margin of four additional weeks at the beginning and at the end of the expected flight season, or, except in the case of wood free from any bark, with a protective covering ensuring that infestation with Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. or its vector cannot occur.

1.3.

Whether or not listed among the CN codes in Annex V, Part B, wood of Thuja L. and Taxus L., other than in the form of:

— chips, particles, sawdust, shavings, wood waste and scrap obtained in whole or part from these conifers,

— wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, whether or not actually in use in the transport of objects of all kinds, except dunnage supportingconsignments of wood, which is constructed from wood of the same type and quality as the wood in the consignment and which meets the same Union phytosanitary requirements as the wood in the consignment,

but including wood which has not kept its natural round surface, originating in Canada, China, Japan, the Republic of Korea, Mexico, Taiwan and the USA, where Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. is known to occur.

Official statement that the wood:

(a)  is bark-free,

or

(b)  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 ‘K.D.’ or another internationally recognised mark, put on the wood or on any wrapping in accordance with current usage,

or

(c)  has undergone an appropriate heat treatment to achieve a minimum temperature of 56 °C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core). There shall be evidence thereof by a mark ‘HT’ put on the wood or on any wrapping in accordance with current usage, and on the certificates referred to in Article 13.1.(ii),

or

(d)  has undergone an appropriate fumigation to a specification approved in accordance with the procedure laid down in Article 18.2. There shall be evidence thereof by indicating on the certificates referred to in Article 13.1.(ii), the active ingredient, the minimum wood temperature, the rate (g/m3 ) and the exposure time (h),

or

(e)  has undergone an appropriate chemical pressure impregnation with a product approved in accordance with the procedure laid down in Article 18.2. There shall be evidence thereof by indicating on the certificates referred to in Article 13.1.(ii), the active ingredient, the pressure (psi or kPa) and the concentration (%).

▼M27 —————

▼M27

1.5.

Whether or not listed among the CN codes in Annex V, Part B, wood of conifers (Coniferales), other than in the form of:

— chips, particles, sawdust, shavings, wood waste and scrap obtained in whole or part from these conifers,

— wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, whether actually in use or not in the transport of objects of all kinds, except dunnage supporting consignments of wood, which is constructed from wood of the same type and quality as the wood in the consignment and which meets the same Union phytosanitary requirements as the wood in the consignment,

but including that which has not kept its natural round surface, originating in Russia, Kazakhstan and Turkey.

Official statement that the wood:

(a)  originates in areas known to be free from:

— Monochamus spp. (non-European)

— Pissodes spp. (non-European)

— Scolytidae spp. (non-European)

The area shall be mentioned on the certificates referred to in Article 13.1.(ii), under the rubric ‘place of origin,’

or

(b)  is bark-free and free from grub holes, caused by the genus Monochamus spp. (non-European), defined for this purpose as those which are larger than 3 mm across,

or

(c)  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 ‘K.D’. or another internationally recognised mark, put on the wood or on any wrapping in accordance with the current usage,

or

(d)  has undergone an appropriate heat treatment to achieve a minimum temperature of 56 °C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core). There shall be evidence thereof by a mark ‘HT’ put on the wood or on any wrapping in accordance with current usage, and on the certificates referred to in Article 13.1.(ii),

or

(e)  has undergone an appropriate fumigation to a specification approved in accordance with the procedure laid down in Article 18.2. There shall be evidence thereof by indicating on the certificates referred to in Article 13.1.(ii), the active ingredient, the minimum wood temperature, the rate (g/m3 ) and the exposure time (h),

or

(f)  has undergone an appropriate chemical pressure impregnation with a product approved in accordance with the procedure laid down in Article 18.2. There shall be evidence thereof by indicating on the certificates referred to in Article 13.1.(ii), the active ingredient, the pressure (psi or kPa) and the concentration (%).

1.6.

Whether or not listed among the CN codes in Annex V, Part B, wood of conifers (Coniferales), other than in the form of:

— chips, particles, sawdust, shavings, wood waste and scrap obtained in whole or part from these conifers,

— wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, whether actually in use or not in the transport of objects of all kinds, except dunnage supporting consignments of wood, which is constructed from wood of the same type and quality as the wood in the consignment and which meets the same Union phytosanitary requirements as the wood in the consignment,

but including that which has not kept its natural round surface, originating in third countries, other than:

— Russia, Kazakhstan and Turkey,

— European countries,

— Canada, China, Japan, the Republic of Korea, Mexico, Taiwan and the USA, where Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. is known to occur.

Official statement that the wood:

(a)  is bark-free and free from grub holes, caused by the genus Monochamus spp. (non-European), defined for this purpose as those which are larger than 3 mm across,

or

(b)  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 ‘K.D’ or another internationally recognised mark, put on the wood or on any wrapping in accordance with current usage,

or

(c)  has undergone an appropriate fumigation to a specification approved in accordance with the procedure laid down in Article 18.2. There shall be evidence thereof by indicating on the certificates referred to in Article 13.1.(ii), the active ingredient, the minimum wood temperature, the rate (g/m3 ) and the exposure time (h),

or

(d)  has undergone an appropriate chemical pressure impregnation with a product approved in accordance with the procedure laid down in Article 18.2. There shall be evidence thereof by indicating on the certificates referred to in Article 13.1.(ii), the active ingredient, the pressure (psi or kPa) and the concentration (%),

or

(e)  has undergone an appropriate heat treatment to achieve a minimum temperature of 56 °C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core). There shall be evidence thereof by a mark ‘HT’ put on the wood or on any wrapping in accordance with current usage, and on the certificates referred to in Article 13.1.(ii).

▼M12

1.7.

Whether or not listed among the CN codes listed in Annex V, Part B, wood in the form of chips, particles, sawdust, shavings, wood waste and scrap obtained in whole or in part from conifers (Coniferales), originating in

— Russia, Kazakhstan and Turkey,

— non-European countries other than Canada, China, Japan, the Republic of Korea, Mexico, Taiwan and the USA, where Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. is known to occur.

Official statement that the wood:

(a)  originates in areas known to be free from:

— Monochamus spp. (non-European)

— Pissodes spp. (non-European)

— Scolytidae spp. (non-European)

The area shall be mentioned on the certificates referred to in Article 13.1.(ii), under the rubric ‘place of origin,’

or

(b)  has been produced from debarked round wood,

or

(c)  has undergone kiln-drying to below 20 % moisture content, expressed as a percentage of dry matter, achieved through an appropriate time/temperature schedule,

or

(d)  has undergone an appropriate fumigation to a specification approved in accordance with the procedure laid down in Article 18.2. There shall be evidence of the fumigation by indicating on the certificates referred to in Article 13.1.(ii), the active ingredient, the minimum wood temperature, the rate (g/m3) and the exposure time (h),

or

►M27  

(e)  has undergone an appropriate heat treatment to achieve a minimum temperature of 56 °C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core), the latter to be indicated on the certificates referred to in Article 13.1.(ii).

 ◄

▼M27

2.

Wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, whether or not actually in use in the transport of objects of all kinds, except raw wood of 6 mm thickness or less, processed wood produced by glue, heat and pressure, or a combination thereof, and dunnage supporting consignments of wood, which is constructed from wood of the same type and quality as the wood in the consignment and which meets the same Union phytosanitary requirements as the wood in the consignment, coming from third countries, except Switzerland.

The wood packaging material shall:

— be subject to one of the approved treatments as specified in Annex I to FAO International Standard for Phytosanitary Measures No 15 on Regulation of wood packaging material in international trade, and

— display a mark as specified in Annex II to that International standard, indicating that the wood packaging material has been subjected to an approved phytosanitary treatment in accordance with this standard.

▼M12

2.1.

►M27  

Wood of Acer saccharum Marsh., including wood which has not kept its natural round surface, other than in the form of:

— wood intended for the production of veneer sheets,

— chips, particles, sawdust, shavings, wood waste and scrap,

— wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, whether or not actually in use in the transport of objects of all kinds, except dunnage supporting consignments of wood, which is constructed from wood of the same type and quality as the wood in the consignment and which meets the same Union phytosanitary requirements as the wood in the consignment,

originating in the USA and Canada.

 ◄

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.

2.2.

Wood of Acer saccharum Marsh., intended for the production of veneer sheets, originating in the USA and Canada.

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.

▼M27

2.3.

Whether or not listed among CN codes in Annex V, Part B, wood of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc., other than in the form of

— chips, particles, sawdust, shavings, wood waste and scrap, obtained in whole or part from these trees,

— wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, whether or not actually in use in the transport of objects of all kinds, except dunnage supporting consignments of wood, which is constructed from wood of the same type and quality as the wood in the consignment and which meets the same Union phytosanitary requirements as the wood in the consignment,

but including wood which has not kept its natural round surface, and furniture and other objects made of untreated wood,

originating in Canada, China, Democratic People's Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA

Official statement that:

(a)  the wood originates in an area recognised as being free from Agrilus planipennis Fairmaire in accordance with the procedure referred to in Article 18(2). The name of the area shall be mentioned on the certificates referred to in Article 13.1.(ii),

or

(b)  the bark and at least 2.5 cm of the outer sapwood are removed in a facility authorised and supervised by the national plant protection organisation,

or

(c)  the wood has undergone ionizing irradiation to achieve a minimum absorbed dose of 1 kGy throughout the wood.

2.4.

Whether or not listed among CN codes in Annex V, Part B, wood in the form of chips, particles, sawdust, shavings, wood waste and scrap obtained in whole or in part from Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc.

originating in Canada, China, Democratic People's Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA

Official statement that the wood originates in an area recognised as being free from Agrilus planipennis Fairmaire in accordance with the procedure referred to in Article 18(2). The name of the area shall be mentioned on the certificates referred to in Article 13.1.(ii).

2.5.

Whether or not listed among CN codes in Annex V, Part B, isolated bark and objects made of bark of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc. originating in Canada, China, Democratic People's Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA

Official statement that the bark originates in an area recognised as being free from Agrilus planipennis Fairmaire in accordance with the procedure referred to in Article 18(2). The name of the area shall be mentioned on the certificates referred to in Article 13.1.(ii).

▼M12

3.

►M27  

Wood of Quercus L., other than in the form of:

— chips, particles, sawdust, shavings, wood waste and scrap,

— casks, barrels, vats, tubs and other coopers' products and parts thereof, of wood, including staves where there is documented evidence that the wood has been produced or manufactured using heat treatment to achieve a minimum temperature of 176 °C for 20 minutes

— Wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, whether or not actually in use in the transport of objects of all kinds, except dunnage supporting consignments of wood, which is constructed from wood of the same type and quality as the wood in the consignment and which meets the same Union phytosanitary requirements as the wood in the consignment,

but including wood which has not kept its natural round surface, originating in the USA.

 ◄

Official statement that the wood:

(a)  is squared so as to remove entirely the rounded surface,

or

(b)  is bark-free and the water content is less than 20 % expressed as a percentage of the dry matter,

or

(c)  is bark-free and has been disinfected by an appropriate hot-air or hot water treatment,

or

(d)  if sawn, with or without residual bark attached, 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.

▼M12 —————

▼M27

4.1

Whether or not listed among CN codes in Annex V, Part B, wood of Betula L., other than in the form of

— chips, particles, sawdust, shavings, wood waste and scrap obtained in whole or part from these trees,

— wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, whether or not actually in use in the transport of objects of all kinds, except dunnage supporting consignments of wood, which is constructed from wood of the same type and quality as the wood in the consignment and which meets the same Union phytosanitary requirements as the wood in the consignment,

but including wood which has not kept its natural round surface, and furniture and other objects made of untreated wood, originating in Canada and the USA where Agrilus anxius Gory is known to occur.

Official statement that:

(a)  the bark and at least 2.5 cm of the outer sapwood are removed in a facility authorised and supervised by the national plant protection organisation,

or

(b)  the wood has undergone ionizing irradiation to achieve a minimum absorbed dose of 1 kGy throughout the wood.

4.2

Whether or not listed among CN codes in Annex V, Part B, wood chips, particles, sawdust, shavings, wood waste and scrap obtained in whole or in part from Betula L.

Official statement that the wood originates in a country known to be free of Agrilus anxius Gory.

4.3

Whether or not listed among CN codes in Annex V, Part B, bark and objects made of bark of Betula L., originating in Canada and the USA where Agrilus anxius Gory is known to occur.

Official statement that the bark is free from wood.

▼M28

5.

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 Armenia, Switzerland or the USA.

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.

▼M12

6.

►M27  

Wood of Populus L., except that in the form of:

— chips, particles, sawdust, shavings, wood waste and scrap,

— wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, whether or not actually in use in the transport of objects of all kinds, except dunnage supporting consignments of wood, which is constructed from wood of the same type and quality as the wood in the consignment and which meets the same Union phytosanitary requirements as the wood in the consignment,

but including wood which has not kept its natural round surface, originating in countries of the American continent.

 ◄

Official statement that the wood:

— is bark-free

— or

— 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.

▼M28

7.1.1.

Whether or not listed among the CN-codes in Annex V, Part B, wood in the form of chips, particles, sawdust, shavings, wood waste and scrap and obtained in whole or in part from:

— Acer saccharum Marsh., originating in the USA and Canada,

— Populus L., originating in the American continent.

Official statement that the wood:

(a)  has been produced from debarked round wood,

or

(b)  has undergone kiln-drying to below 20 % moisture content, expressed as a percentage of dry matter achieved through an appropriate time/temperature schedule,

or

(c)  has undergone an appropriate fumigation to a specification approved in accordance with the procedure referred to in Article 18(2). There shall be evidence of the fumigation by indicating on the certificates referred to in Article 13(1)(ii), the active ingredient, the minimum wood temperature, the rate (g/m3) and the exposure time (h),

or

(d)  has undergone an appropriate heat treatment to achieve a minimum temperature of 56 °C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core), the latter to be indicated on the certificates referred to in Article 13.1.(ii).

7.1.2.

Whether or not listed among the CN-codes in Annex V, Part B, wood in the form of chips, particles, sawdust, shavings, wood waste and scrap and obtained in whole or in part from:

— Platanus L. originating in Armenia, Switzerland or the USA.

Official statement that the wood:

(a)  has undergone kiln-drying to below 20 % moisture content, expressed as a percentage of dry matter achieved through an appropriate time/temperature schedule,

or

(b)  has undergone an appropriate fumigation to a specification approved in accordance with the procedure referred to in Article 18(2) There shall be evidence of the fumigation by indicating on the certificates referred to in Article 13(1)(ii), the active ingredient, the minimum wood temperature, the rate (g/m3) and the exposure time (h),

or

(c)  has undergone an appropriate heat treatment to achieve a minimum temperature of 56 °C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core), the latter to be indicated on the certificates referred to in Article 13(1)(ii).

▼M12

7.2.

Whether or not listed among the CN codes in Annex V, Part B, wood in the form of chips, particles, sawdust, shavings, wood waste and scrap and obtained in whole or part from Quercus L. originating in the USA.

Official statement that the wood:

(a)  has undergone kiln-drying to below 20 % moisture content, expressed as a percentage of dry matter achieved through an appropriate time/temperature schedule,

or

(b)  has undergone an appropriate fumigation to a specification approved in accordance with the procedure laid down in Article 18.2. There shall be evidence of the fumigation by indicating on the certificates referred to in Article 13.1.(ii), the active ingredient, the minimum wood temperature, the rate (g/m3) and the exposure time (h),

or

►M27  

(c)  has undergone an appropriate heat treatment to achieve a minimum temperature of 56 °C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core), the latter to be indicated on the certificates referred to in Article 13.1.(ii).

 ◄

▼M12

7.3.

Isolated bark of conifers (Coniferales), originating in non-European countries

►M27  

Official statement that the isolated bark:

(a)  has been subjected to an appropriate fumigation with a fumigant approved in accordance with the procedure laid down in Article 18.2. There shall be evidence thereof by indicating on the certificates referred to in Article 13.1.(ii), the active ingredient, the minimum bark temperature, the rate (g/m3) and the exposure time (h),

or

(b)  has undergone an appropriate heat treatment to achieve a minimum temperature of 56 °C for a minimum duration of 30 continuous minutes throughout the entire profile of the bark (including at its core), the latter to be indicated on the certificates referred to in Article 13.1.(ii),

and

official statement that subsequent to its treatment the bark was transported until leaving the country issuing that statement outside of the flight season of the vector Monochamus, taking into account a safety margin of four additional weeks at the beginning and at the end of the expected flight season, or with a protective covering ensuring that infestation with Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. or its vector cannot occur.

 ◄

▼M27 —————

▼B

8.1.

Plants of conifers (Coniferales), other than fruit and seeds, originating in non-European countries

Without prejudice to the prohibitions applicable to the plants listed in Annex III(A)(1), where appropriate, official statement that the plants have been produced in nurseries and that the place of production is free from Pissodes spp. (non-European).

8.2.

Plants of conifers (Coniferales), other than fruit and seeds, over 3 m in height, originating in non-European countries

Without prejudice to the prohibitions applicable to the plants listed in Annex III(A)(1), and Annex IV(A)(I)(8.1), where appropriate, official statement that the plants have been produced in nurseries and that the place of production is free from Scolytidae spp. (non-European).

9.

Plants of Pinus L., intended for planting, other than seeds

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(1), and Annex IV(A)(I)(8.1), (8.2), official statement that no symptoms of Scirrhia acicola (Dearn.) Siggers or Scirrhia pini Funk and Parker have been observed at the place of production or its immediate vicinity since the beginning of the last complete cycle of vegetation.

10.

Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. Pseudotsuga Carr. and Tsuga Carr., intended for planting, other than seeds

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(1), and Annex IV(A)(I)(8.1), (8.2) or (9), where appropriate, official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or its immediate vicinity since the beginning of the last complete cycle of vegetation.

▼M12

11.01.

Plants of Quercus L., other than fruit and seeds, originating in the USA

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.

11.1.

Plants of Castanea Mill. and Quercus L., other than fruit and seeds, originating in non-European countries

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.

▼B

11.2.

Plants of Castanea Mill. and Quercus L., intended for planting, other than seeds

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(2) and IV(A)(I)(11.1), official statement that:

(a)  the plants originate in areas known to be free from Cryphonectria parasitica (Murrill) Barr;

or

(b)  no symptoms of Cryphonectria parasitica (Murrill) Barr have been observed at the place of production or its immediate vicinity since the beginning of the last complete cycle of vegetation.

▼M3

11.3.

Plants of Corylus L., intended for planting, other than seeds, originating in Canada and the United States of America

Official statement that the plants have been grown in nurseries and:

(a)  originate in an area, established in the country of export by the national plant protection service in that country, as being free from Anisogramma anomala (Peck) E. Müller, in accordance with relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of this Directive under the rubric ‘Additional declaration’,

or

(b)  originate in a place of production, established in the country of export by the national plant protection service in that country, as being free from Anisogramma anomala (Peck) E. Müller on official inspections carried out at the place of production or its immediate vicinity since the beginning of the last three complete cycles of vegetation, in accordance with relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of this Directive under the rubric ‘Additional declaration’ and declared free from Anisogramma anomala (Peck) E. Müller.

▼M27

11.4.

Plants of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc., other than fruit and seeds, but including cut branches with or without foliage, originating in Canada, China, Democratic People's Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA

Official statement that the plants originate in an area recognised as being free from Agrilus planipennis Fairmaire in accordance with the procedure referred to in Article 18(2). The name of the area shall be mentioned on the certificates referred to in Article 13.1.(ii).

▼M27

11.5

Plants of Betula L., other than fruit and seeds, but including cut branches of Betula L. with or without foliage

Official statement that the plants originate in a country known to be free of Agrilus anxius Gory.

▼M28

12.

Plants of Platanus L., intended for planting, other than seeds, originating in Armenia, Switzerland or the USA.

Official statement that no symptoms of Ceratocystis platani (J. M. Walter) Engelbr. & T. C. Harr. have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.

▼B

13.1.

Plants of Populus L., intended for planting, other than seeds, originating in third countries

Without prejudice to the prohibitions applicable to the plants listed in Annex III(A)(3), official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or its immediate vicinity since the beginning of the last complete cycle of vegetation.

13.2.

Plants of Populus L., other than fruit and seeds, originating in countries of the American continent

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(3) and IV(A)(I)(13.1), official statement that no symptoms of Mycosphaerella populorum G. E. Thompson have been observed at the place of production or its immediate vicinity since the beginning of the last complete cycle of vegetation.

14.

Plants of Ulmus L., intended for planting, other than seeds, originating in North American countries

►M21  Without prejudice to the provisions applicable to the plants in Annex IV (A)(I)(11.4), official statement that no symptoms of Elm phlöem necrosis mycoplasm have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation. ◄

▼M27 —————

▼B

16.1.

Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, originating in third countries

The fruits shall be free from peduncles and leaves and the packaging shall bear an appropriate origin mark.

16.2.

Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, originating in third countries

Without prejudice to the provisions applicable to the fruits in Annex IV(A)(I)(16.1), (16.3), (16.4) and (16.5), official statement that:

(a)  the fruits originate in a country recognised as being free from Xanthomonas campestris (all strains pathogenic to Citrus), ►M4  in accordance with the procedure referred to in Article 18(2) ◄

or

(b)  the fruits originate in an area recognised as being free from Xanthomonas campestris (all strains pathogenic to Citrus), ►M4  in accordance with the procedure referred to in Article 18(2) ◄ and mentioned on the certificates referred to in Articles 7 or 8 of this Directive,

or

(c)  either,

— in accordance with an official control and examination regime, no symptoms of Xanthomonas campestris (all strains pathogenic to Citrus) have been observed in the field of production and in its immediate vicinity since the beginning of the last cycle of vegetation

— and

— none of the fruits harvested in the field of production has shown symptoms of Xanthomonas campestris (all strains pathogenic to Citrus),

— and

— the fruits have been subjected to treatment such as sodium orthophenylphenate, mentioned on the certificates referred to in Articles 7 or 8 of this Directive,

— and

— the fruits have been packed at premises or dispatching centres registered for this purpose,

— or

— any certification system, recognised as equivalent to the above provisions ►M4  in accordance with the procedure referred to in Article 18(2) ◄ , has been complied with.

16.3.

Fruits of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, originating in third countries

Without prejudice to the provisions applicable to the fruits in Annex IV(A)(I)(16.1), (16.2), (16.4) and (16.5), official statement that:

(a)  the fruits originate in a country recognised as being free from Cercospora angolensis Carv. et Mendes ►M4  in accordance with the procedure referred to in Article 18(2) ◄

or

(b)  the fruits originate in an area recognised as being free from Cercospora angolensis Carv. et Mendes, ►M4  in accordance with the procedure referred to in Article 18(2) ◄ and mentioned on the certificates referred to in Articles 7 or 8 of this Directive,

or

(c)  no symptoms of Cercospora angolensis Carv. et Mendes have been observed in the field of production and in its immediate vicinity since the beginning of the last cycle of vegetation,

and

none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism.

16.4.

Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruits of Citrus aurantium L., originating in third countries

Without prejudice to the provisions applicable to the fruits in Annex IV(A)(I)(16.1), (16.2), (16.3) and (16.5), official statement that:

(a)  the fruits originate in a country recognised as being free from Guignardia citricarpa Kiely (all strains pathogenic to Citrus), ►M4  in accordance with the procedure referred to in Article 18(2) ◄ ,

or

(b)  the fruits originate in an area recognised as being free from Guignardia citricarpa Kiely (all strains pathogenic to Citrus), ►M4  in accordance with the procedure referred to in Article 18(2) ◄ , and mentioned on the certificates referred to in Articles 7 or 8 of this Directive,

or

(c)  no symptoms of Guignardia citricarpa Kiely (all strains pathogenic to Citrus), have been observed in the field of production and in its immediate vicinity since the beginning of the last cycle of vegetation, and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism,

or

(d)  the fruits originate in a field of production subjected to appropriate treatments aigainst Guignardia citricarpa Kiely (all strains pathogenic to Citrus),

and

none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism.

16.5.

Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, originating in third countries where Tephritidae (non-European) are known to occur on these fruits

Without prejudice to the provisions applicable to the fruits in ►M22  Annex III(B)(2), (3), and  ◄ Annex IV(A)(I)(16.1), (16.2) and (16.3), official statement that:

(a)  the fruits originate in areas known to be free from the relevant organism; or, if this requirement cannot be met;

(b)  no signs of the relevant organism have been observed at the place of production and in its immediate vicinity since the beginning of the last complete cycle of vegetation, on official inspections carried out at least monthly during the three months prior to harvesting, and none of the fruits harvested at the place of production has shown, in appropriate official examination, signs of the relevant organism, or if this requirement can also not be met;

(c)  the fruits have shown, in appropriate official examination on representative samples, to be free from the relevant organism in all stages of their development; or, if this requirement can also not be met;

(d)  the fruits have been subjected to an appropriate treatment, any acceptable vapour heat treatment, cold treatment, or quick freeze treatment, which has been shown to be efficient against the relevant organism without damaging the fruit, and, where not availaible, chemical treatment as far as it is acceptable by Community legislation.

▼M8

17.

Plants of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. and Sorbus L., intended for planting, other than seeds

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(9), (9.1), (18), Annex III(B)(1) or Annex IV(A)(I)(15), where appropriate, official statement:

(a)  that the plants originate in countries recognised as being free from Erwinia amylovora (Burr.) Winsl. et al. in accordance with the procedure laid down in Article 18(2),

or

(b)  that the plants originate in pest free areas which have been established in relation to Erwinia amylovora (Burr.) Winsl. et al. in accordance with the relevant International Standard for Phytosanitary Measures and recognised as such in accordance with the procedure laid down in Article 18(2),

or

(c)  that the plants in the field of production and in its immediate vicinity, which have shown symptoms of Erwinia amylovora (Burr.) Winsl. et al., have been removed.

▼B

18.

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds and plants of Araceae, Marantaceae, Musaceae, Persea spp. and Strelitziaceae, rooted or with growing medium attached or associataed

Without prejudice to the prohibitions applicable to the plants listed in Annex III(A)(16), where appropriate, official statement that:

(a)  the plants originate in countries known to be free from Radopholus citrophilus Huettel et al. and Radopholus similis (Cobb) Thorne;

or

(b)  representative samples of soil and roots from the place of production have been subjected, since the beginning of the last complete cycle of vegetation, to official nematological testing for at least Radopholus citrophilus Huettel et al. and Radopholus similis (Cobb) Thorne and have been found, in these tests, free from those harmful organisms.

▼M27

18.1.

Plants of Aegle Corrêa, Aeglopsis Swingle, Afraegle Engl, Atalantia Corrêa, Balsamocitrus Stapf, Burkillanthus Swingle, Calodendrum Thunb., Choisya Kunth, Clausena Burm. f., Limonia L., Microcitrus Swingle., Murraya J. Koenig ex L., Pamburus Swingle, Severinia Ten., Swinglea Merr., Triphasia Lour. and Vepris Comm., other than fruit (but including seeds); and seeds of Citrus L., Fortunella Swingle and Poncirus Raf., and their hybrids, originating in third countries

Without prejudice to the provisions applicable to the plants in Annex IV(A)(I)(18.2) and (18.3), official statement that the plants originate in a country recognised as being free from Candidatus Liberibacter spp., causal agent of Huanglongbing disease of citrus/citrus greening, in accordance with the procedure referred to in Article 18 (2).

18.2.

Plants of Casimiroa La Llave, Clausena Burm. f., Vepris Comm, Zanthoxylum L., other than fruit and seed, originating in third countries

Without prejudice to the provisions applicable to the plants in Annex IV(A)I(18.1) and (18.3), official statement that:

(a)  the plants originate in a country in which Trioza erytreae Del Guercio is known not to occur,

or

(b)  the plants originate in an area free from Trioza erytreae Del Guercio, established by the national plant protection organisation in accordance with relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Article 13.1 (ii) of this Directive under the rubric ‘Additional declaration’.

18.3.

Plants of Aegle Corrêa, Aeglopsis Swingle, Afraegle Engl., Amyris P. Browne, Atalantia Corrêa, Balsamocitrus Stapf, Choisya Kunth, Citropsis Swingle & Kellerman, Clausena Burm. f., Eremocitrus Swingle, Esenbeckia Kunth., Glycosmis Corrêa, Limonia L., Merrillia Swingle, Microcitrus Swingle, Murraya J. Koenig ex L., Naringi Adans., Pamburus Swingle, Severinia Ten., Swinglea Merr., Tetradium Lour., Toddalia Juss., Triphasia Lour., Vepris Comm., Zanthoxylum L., other than fruit and seed, originating in third countries

Without prejudice to the provisions applicable to the plants in Annex IV(A)I(18.1) and (18.2), official statement that:

(a)  the plants originate in a country in which Diaphorina citri Kuway is known not to occur,

or

(b)  the plants originate in an area free from Diaphorina citri Kuway, established by the national plant protection organisation in accordance with relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Article 13.1 (ii) of this Directive under the rubric ‘Additional declaration’.

▼B

19.1.

Plants of Crataegus L. intended for planting, other than seeds, originating in countries where Phyllosticta solitaria Ell. and Ev. is known to occur

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(9), and Annex IV(A)(I)(15) and (17), official statement that no symptoms of Phyllosticta solitaria Ell. and Ev. have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation.

19.2.

Plants of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L. intended for planting, other than seeds, originating in countries where the relevant harmvul organisms are known to occur on the genera concerned

The relevant harmful orgtanisms are

— on Fragaria L.:

— 

— Phytophtora fragariae Hickman, var. fragariae,

— Arabis mosaic virus,

— Raspberry ringspot virus,

— Strawberry crinkle virus,

— Strawberry latent ringspot virus,

— Strawberry mild yellow edge virus,

— Tomato black ring virus,

— Xanthomonas fragariae Kennedy et King;

— on Malus Mill.:

— 

— Phyllosticta solitaria Ell. and Ev.;

— on Prunus L.:

— 

— Apricot chlorotic leafroll mycoplasm,

— Xanthomonas campestris pv. prunis (Smith) Dye;

— on Prunus persica (L.) Batsch:

— 

— Pseudomonas syringae pv. persicae (Prunier et al.) Young et al.;

— on Pyrus L.:

— 

— Phyllosticta solitaria Ell. and Ev.;

— on Rubus L.:

— 

— Arabis mosaic virus,

— Raspberry ringspot virus,

— Strawberry latent ringspot virus,

— Tomato black ring virus,

— on all species:

— 

non-European viruses and viruslike organisms.

Without prejudice to the provisions applicable to the plants where appropriate listed in Annex III(A)(9) and (18), and Annex IV(A)(I)(15) and (17), official statement that no symptoms of diseases caused by the relevant harmful organisms have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation.

20.

Plants of Cydonia Mill. and Pyrus L. intended for planting, other than seeds, originating in countries where Pear decline mycoplasm is known to occur

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(9) and (18), and Annex IV(A)(I)(15), (17) and (19.2) official statement that plants at the place of production and in its immediate vicinity, which have shown symptoms giving rise to the suspicion of contamination by Pear decline mycoplasm, have been rogued out at that place within the last three complete cycles of vegetation.

21.1.

Plants of Fragaria L. intended for planting, other than seeds, originating in countries where the relevant harmful organisms are known to occur

The relevant harmful organisms are:

— Strawberry latent ‘C’ virus,

— Strawberry vein banding virus,

— Strawberry witches' broom mycoplasm

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(18), and Annex IV(A)(I)(19.2), official statement that:

(a)  the plants, other than those raised from seed, have been:

— either officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for at least the relevant harmful organisms using appropriate indicators or equivalent methods and has been found free, in these tests, from those harmful organisms,

— or

— derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last three complete cycles of vegetation, at least once, to official testing for at least the relevant harmful organisms using appropriate indicators or equivalent methods and has been found free, in these tests, from those farmful organisms,

(b)  no symptoms of diseases caused by the relevant harmful organisms have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last complete cycle of vegetation.

21.2.

Plants of Fragaria L. intended for planting, other than seeds, originating in countries where Aphelenchoides besseyi Christie is known to occur

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(18), and Annex IV(A)(I)(19.2) and (21.1), official statement that:

(a)  either no symptoms of Aphelenchoides besseyi Christie have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation

or

(b)  in the case of plants in tissue culture the plants have been derived from plants which complied with section (a) of this item or have been officially tested by appropriate nematological methods and have been found free from Aphelenchoides besseyi Christie.

21.3.

Plants of Fragaria L., intended for planting, other than seeds

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(18), and Annex IV(A)(I)(19.2), (21.1) and (21.2), official statement that the plants originate in an area known to be free from Anthonomus signatus Say and Anthonomus bisignifer (Schenkling).

22.1.

Plants of Malus Mill. intended for planting, other than seeds, originating in countries where the relevant harmful organisms are known to occur on Malus Mill.

Without prejudice to the provisions applicable to the plants, listed in Annex III(A)(9) and (18), Annex III(B)(1) and Annex IV(A)(I)(15), (17) and (19.2), official statement that:

The relevant harmful organisms are:

— Cherry rasp leaf virus (American),

— Tomato ringspot virus,

(a)  the plants have been:

— either officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for at least the relevant harmful organisms using appropriate indicatos or equivalent methods and has been found free, in these thest, from those harmful organisms,

— or

— derived in direct line from material which is maintained under appropriate conditions and subjected, within the last three complete cycles of vegetation, at least once, to official testing for at least the relevant harmful organisms using appropriate indicators or equivalent methods and has been found free, in these tests, from those harmful organisms;

(b)  no symptoms of diseases caused by the relevant harmful organisms have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last complete cycle of vegetation.

22.2.

Plants of Malus Mill., intended for planting, other than seeds, originating in countries where apple proliferation mycoplasm is known to occur

Without prejudice to the provisions applicable to the plants, listed in Annex III(A)(9) and (18), Annex III(B)(1) and Annex IV(A)(I)(15), (17), (19.2) and (22.1), official statement that

(a)  the plants originate in areas known to be free from apple proliferation mycoplasm;

or

(b)  

(aa)  the plants, other than those raised from seeds, have been:

— either officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for at least Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free, in these tests, from that harmful organism,

— or

— derived in direct line from material which is maintained under appropriate conditions and subjected, within the last six complete cycles of vegetation, at least once, to official testing for at least Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free, in these tests, from the harmful organism,

(bb)  no symptoms of diseases caused by Apple proliferation mycoplasm have been observed on plants at the place of production, or on susceptible plants in its immediative vicinity, since the beginning of the last complete three cycles of vegetation.

23.1.

Plants of following species of Prunus L., intended for planting, other than seeds, originating in countries where Plum pox virus is known to occur:

— Prunus amygdalus Batsch,

— Prunus armeniaca L.,

— Prunus blireiana Andre,

— Prunus brigantina Vill.,

— Prunus cerasifera Ehrh.,

— Prunus cistena Hansen,

— Prunus curdica Fenzl and Fritsch.,

— Prunus domestica ssp. domestica L.,

— Prunus domestica ssp. insititia (L.) C.K. Schneid.,

— Prunus domestica ssp. italica (Borkh.) Hegi.,

— Prunus glandulosa Thunb.,

— Prunus holosericea Batal.,

— Prunus hortulana Bailey,

— Prunus japonica Thunb.,

— Prunus mandshurica (Maxim.) Koehne,

— Prunus maritima Marsh.,

— Prunus mume Sieb and Zucc.,

— Prunus nigra Ait.,

— Prunus persica (L.) Batsch,

— Prunus salicina L.,

— Prunus sibirica L.,

— Prunus simonii Carr.,

— Prunus spinosa L.,

— Prunus tomentosa Thunb.,

— Prunus triloba Lindl.,

— other species of Prunus L. susceptible to Plux pox virus.

Without prejudice to the provisions applicable to the plants, listed in Annex III(A)(9) and (18), and Annex IV(A)(I)(15) and (19.2), official statement that:

(a)  the plants, other than those raised from seed, have been:

— either officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for, at least, Plum pox virus using appropriate indicators or equivalent methods and has been found free, in these tests, from that harmful organism,

— or

— derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last three complete cycles of vegetation, at least once, to official testing for at least Plum pox virus using appropriate indicators or equivalent methods and has been found free, in these tests, from that harmful organism;

(b)  no symptoms of disease caused by Plum pox virus have been observed on plants at the place of production or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation;

(c)  plants at the place of production which have shown symptoms of disease caused by other viruses or virus-like pathogens, have been rogued out.

23.2.

Plants of Prunus L., intended for planting

(a)  originating in countries where the relevant harmful organisms are known to occur on Prunus L.

(b)  other than seeds, originating in countries where the relevant harmful organisms are known to occur

(c)  other than seeds, originating in non-European countries where the relevant harmful organisms are known to occur

The relevant harmful organisms are:

— for the case under (a):

— 

— Tomato ringspot virus;

— or the case under (b):

— 

— Cherry rasp leaf virus (American),

— Peach mosaic virus (American),

— Peach phony rickettsia,

— Peach rosette mycoplasm,

— Peach yellows mycoplasm,

— Plum line pattern virus (American),

— Peach X-disease mycoplasm;

— or the case under (c):

— 

— Little cherry pathogen.

Without prejudice to the provisions applicable to the plants, where appropriate listed in Annex III(A)(9) and (18) or Annex IV(A)(I)(15), (19.2) and (23.1), official statement that

(a)  the plants have been:

— either officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for at least the relevant harmful organisms using appropriate indicators or equivalent methods and has been found free, in these tests, from those harmful organisms,

— or

— derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last three complete cycles of vegetation, at least once, to official testing for at least the relevant harmful organisms using appropriate indicators or equivalent methods and has been found free, in these tests, from those harmful organisms,

(b)  no symptoms of diseases caused by the relevant harmful organisms have been observed on plants at the place of production or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation.

24.

Plants of Rubus L., intended for planting:

(a)  originating in countries where harmful organisms are known to occur on Rubus L.

(b)  other than seeds, originating in countries where the relevant harmful organisms are known to occur

The relevant harmful organisms are:

— in the case of (a):

— 

— Tomato ringspot virus,

— Black raspberry latent virus,

— Cherry leafroll virus,

— Prunus necrotic ringspot virus,

— in the case of (b):

— 

— Raspberry leaf curl virus (American)

— Cherry rasp leaf virus (American)

Without prejudice to the requirements applicable to the plants, listed in Annex IV(A)(I)(19.2),

(a)  the plants shall be free from aphids, including their eggs

(b)  official statement that:

(aa)  the plants have been:

— either officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for at least the relevant harmful organisms using appropriate indicators or equivalent methods and has been found free, in these tests, from those harmful organism,

— or

— derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last three complete cycles of vegetation, at least once, to official testing for at least relevant harmful organisms using appropriate indicators for equivalent methods and has been found free, in these tests, from those harmful organism

(bb)  no symptoms of diseases caused by the relevant harmful organisms have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last complete cycles of vegetation.

25.1.

Tubers of Solanum tuberosum L., originating in countries where Synchytrium endobioticum (Schilbersky) Percival is known to occur

Without prejudice to the prohibitions applicable to the tubers listed in Annex III(A)(10), (11) and (12), official statement that:

(a)  the tubers originate in areas known to be free from Synchytrium endobioticum (Schilbersky) Percival (all races other than Race 1, the common European race), and no symptoms of Synchytrium endobioticum (Schilbersky) Percival have been observed either at the place of production or in its immediate vicinity since the beginning of an adequate periode;

or

(b)  provisions recognised as equivalent to the Community provisions on combating Synchytrium endobioticum (Schilbersky) Percival ►M4  in accordance with the procedure referred to in Article 18(2) ◄ have been complied with, in the country of origin

25.2.

Tubers of Solanum tuberosum L.

Without prejudice to the provisions listed in Annex (A)(10), (11) and (12) and Annex IV(A)(I)(25.1), official statement that:

(a)  the tubers originate in countries known to be free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al.;

or

(b)  provisions recognised as equivalent to the Community provisions on combating Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. ►M4  in accordance with the procedure referred to in Article 18(2) ◄ , have been complied with, in the country of origin.

25.3.

Tubers of Solanum tuberosum L., other than early potatoes, originating in countries where Potato spindle tuber viroid is known to occur

Without prejudice to the provisions applicable to the tubers listed in Annex III(A)(10), (11) and (12) and Annex IV(A)(I)(25.1) and (25.2), suppression of the faculty of germination

25.4.

Tubers of Solanum tuberosum L., intended for planting

Without prejudice to the provisions applicable to the tubers listed in Annex III(A)(10), (11) and (12) and Annex IV(A)(I)(25.1), (25.2) and (25.3), official statement that the tubers originate from a field known to be free from Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida (Stone) Behrens

and

(aa)  either, the tubers originate in areas in which ►M27  Ralstonia solanacearum (Smith) Yabuuchi et al.  ◄ is known not to occur;

or

(bb)  in areas where ►M27  Ralstonia solanacearum (Smith) Yabuuchi et al.  ◄ is known to occur, the tubers originate from a place of production found free from ►M27  Ralstonia solanacearum (Smith) Yabuuchi et al.  ◄ , or considered to be free thereof, as a consequence of the implementation of an appropriate procedure aiming at eradicating ►M27  Ralstonia solanacearum (Smith) Yabuuchi et al.  ◄ which shall be determined ►M4  in accordance with the procedure referred to in Article 18(2) ◄

and

(cc)  either the tubers originate in areas where Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known not to occur; or

(dd)  in areas where Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known to occur,

— either the tubers originate from a place of production which has been found free from Meloidogyne chitwoodi Golden et al. (all populations), and Meloidogyne fallax Karssen based on an annual survey of host crops by visual inspection of host plants at appropriate times and by visual inspection both externally and by cutting of tubers after harvest from potato crops grown at the place of production, or

— the tubers after harvest have been randomly sampled and, either checked for the presence of symptoms after an appropriate method to induce symptoms, or laboratoriy tested, as well as inspected visually both externally and by cutting the tubers, at appropiate times and in all cases at the time of closing of the packages or containers before marketing according to the provisions on closing in Council Directive 66/403/EEC of 14 June 1996 on the marketing of seed potatoes (1) and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen have been found.

▼M21

25.4.1.

Tubers of Solanum tuberosum L., other than those intended for planting

Without prejudice to the provisions applicable to tubers listed in Annex III(A)(12) and Annex IV(A)(I)(25.1), (25.2) and (25.3), official statement that the tubers originate in areas in which ►M27  Ralstonia solanacearum (Smith) Yabuuchi et al.  ◄ is not known to occur.

25.4.2.

Tubers of Solanum tuberosum L.

Without prejudice to the provisions applicable to tubers listed in Annex III(A)(10), (11) and (12) and Annex IV(A)(I)(25.1), (25.2), (25.3), (25.4) and (25.4.1), official statement that:

(a)  the tubers originate in a country where Scrobipalpopsis solanivora Povolny is not known to occur; or

(b)  the tubers originate in an area free from Scrobipalpopsis solanivora Povolny, established by the national plant protection organisation in accordance with relevant International Standards for Phytosanitary Measures.

▼B

25.5.

Plants of Solanaceae, intended for planting, other than seeds, originating in countries where Potato stolbur mycoplasm is known to occur

Without prejudice to the provisions applicable to tubers listed in Annex III(A)(10), (11), (12) and (13), and Annex IV(A)(I)(25.1), (25.2), (25.3) and (25.4), official statement that no symptoms of Potato stolbur mycoplasm have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation.

25.6.

Plants of Solanaceae, intended for planting, other thans tubers of Solanum tuberosum L. and other than seeds of ►M27  Solanum lycopersicum L. ◄ , originating in countries where Potato spindle tuber viroid is known to occur

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(11), (13), and Annex IV(A)(I)(25.5), where appropriate, official statement that no symptoms of Potato spindle tuber viroid have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation

▼M27

25.7.

Plants of Capsicum annuum L., Solanum lycopersicum L., Musa L., Nicotiana L. and Solanum melongena L., intended for planting other than seeds, originating in countries where Ralstonia solanacearum (Smith) Yabuuchi et al. is known to occur

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(11) and (13), and Annex IV(A)(I)(25.5) and (25.6), where appropriate, official statement that:

(a)  the plants originate in areas which have been found free from Ralstonia solanacearum (Smith) Yabuuchi et al.,

or

(b)  no symptoms of Ralstonia solanacearum (Smith) Yabuuchi et al. have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation.

▼M21 —————

▼B

26.

Plants of Humulus lupulus L. intended for planting, other than seeds

Official statement that no symptoms of Verticillium albo-atrum Reinke and Berthold and Verticillum dahliae Klebahn have been observed on hops at the place of production since the beginning of the last complete cycle of vegetation.

▼M27

27.1.

Plants of Dendranthema (DC.) Des Moul., Dianthus L. and Pelargonium l'Hérit. ex Ait., intended for planting, other than seeds

Official statement that:

(aa)  the plants originate in an area free from Helicoverpa armigera (Hübner) and Spodoptera littoralis (Boisd.), established by the national plant protection organisation in accordance with relevant International Standards for Phytosanitary Measures,

or

(a)  no signs of Helicoverpa armigera (Hübner), or Spodoptera littoralis (Boisd.) have been observed at the place of production since the beginning of the last complete cycle of vegetation,

or

(b)  the plants have undergone appropriate treatment to protect them from the said organisms.

27.2.

Plants of Dendranthema (DC.) Des Moul., Dianthus L. and Pelargonium l'Hérit. ex Ait., other than seeds

Without prejudice to the requirements applicable to the plants listed in Annex IV(A) (I)(27.1), official statement that:

(aa)  the plants originate in an area free from Spodoptera eridania (Cramer), Spodoptera frugiperda Smith and Spodoptera litura (Fabricius), established by the national plant protection organisation in accordance with relevant International Standards for Phytosanitary Measures,

or

(a)  no signs of Spodoptera eridania (Cramer), Spodoptera frugiperda Smith, or Spodoptera litura (Fabricius) have been observed at the place of production since the beginning of the last complete cycle of vegetation,

or

(b)  the plants have undergone appropriate treatment to protect them from the said organisms.

▼B

28.

Plants of Dendranthema (DC.) Des Moul., intended for planting, other than seeds

Without prejudice to the requirements applicable to the plants listed in Annex IV(A)(I)(27.1) and (27.2), official statement that:

(a)  the plants are no more than third generation stock derived from material which has been found to be free from Chrysanthemum stunt viroid during virological tests, or are directliy derived from material of which a representative sample of at least 10 % has been found to be free from Chrysanthemum stund viroid during an official inspection carried out at the time of flowering;

(b)  the plants or cuttings:

— have come from premises which have been officially inspected at least monthly, during the three months prior to dispatch and on which no symptoms of Puccinia horiana Hennings have been known to have observed during that period, and in the immediate vicinity of which no symptoms of Puccinia horiana Hennings have been known to have occurred during the three months prior to export,

— or

— have undergone appropriate treatment against Puccinia horiana Hennings;

(c)  in the case of unrooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the plants from which the cuttings were derived, or that, in case of rooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the rooting bed.

▼M21

28.1.

Plants of Dendranthema (DC.) Des Moul. and ►M27  Solanum lycopersicum L. ◄ , intended for planting, other than seeds

Without prejudice to the requirements applicable to the plants listed in Annex III(A)(13), Annex IV(A)(I) (25.5), (25.6), (25.7), (27.1), (27.2) and (28), official statement that:

(a)  the plants have been grown throughout their life in a country free from Chrysanthemum stem necrosis virus; or

(b)  the plants have been grown throughout their life in an area established by the national plant protection organisation in the country of export as being free from Chrysanthemum stem necrosis virus in accordance with the relevant International Standards for Phytosanitary Measures; or

(c)  the plants have been grown throughout their life in a place of production, established as being free from Chrysanthemum stem necrosis virus and verified through official inspections and, where appropriate, testing.

▼B

29.

Plants of Dianthus L., intended for planting, other than seeds

Without prejudice to the requirements applicable to the plants listed in Annex IV(A)(I)(27.1) and (27.2), official statement that:

— the plants have been derived in direct line from mother plants which have been found free from Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey, Pseudomonas caryophylli (Burkholder) Starr and Burkholder and Phialophora cinerescens (Wollenw.) Van Beyma on officially approved tests, carried out at least once within the two previous years,

— no symptoms of the above harmful organisms have been observed on the plants.

30.

Bulbs of Tulipa L. and Narcissus L., other than those for which there shall be evidence by their packaging, or by other means, that they are intended for sale to final consumers not involved in professional cut flower production

Official statement that no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed on the plants since the beginning of the last complete cycle of vegetation.

31.

Plants of Pelargonium L'Herit. ex Ait., intended for planting, other than seeds, originating in countries where Tomato ringspot virus is known to occur:

Without prejudice to the requirements applicable to the plants listed in Annex IV(A)(I)(27.1 and) (27.2),

 

(a) where Xiphinema americanum Cobb sensu lato (non-European populations) or other vectors of Tomato ringspot virus are not known to occur

official statement that the plants:

(a)  are directly derived from places of production known to be free from Tomato ringspot virus;

or

(b)  are of no more than fourth generation stock, derived from mother plants found to be free from Tomato ringspot virus under an official approved system of virological testing.

 

(b) where Xiphinema americanum Cobb sensu lato (non-European populations) or other vectors of Tomato ringspot virus are known to occur

official statement that the plants:

(a)  are directly derived from places of production known to be free from Tomato ringspot virus in the soil or plants;

or

(b)  are of no more than second generation stock, derived from mother plants found to be free from Tomato ringspot virus under an officially approved system of virological testing.

▼M3

32.1.

Plants of herbaceous species, intended for planting, other than:

— bulbs,

— corms,

— plants of the family Gramineae,

— rhizomes,

— seeds,

— tubers,

originating in third countries where Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) are known to occur

Without prejudice to the requirements applicable to the plants in Annex IV, Part A, Section I(27.1), (27.2), (28) and (29), where appropriate, official statement that the plants have been grown in nurseries and:

(a)  originate in an area, established in the country of export by the national plant protection service in that country, as being free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) in accordance with relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of this Directive under the rubric ‘Additional declaration’,

or

(b)  originate in a place of production, established in the country of export by the national plant protection service in that country, as being free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) in accordance with relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of this Directive under the rubric ‘Additional declaration’, and declared free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) on official inspections carried out at least monthly during the three months prior to export,

or

(c)  immediately prior to export, have been subjected to an appropriate treatment against Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) and have been officially inspected and found free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch). Details of the treatment shall be mentioned on the certificates referred to in Articles 7 or 8 of this Directive,

or

(d)  originate from plant material (explant) which is free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch); are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch); and are shipped in transparent containers under sterile conditions.

 ◄

32.2.

Cut flowers of Dendranthema (DC) Des. Moul., Dianthus L., Gypsophila L. and Solidago L., and leafy vegetables of Apium graveolens L. and Ocimum L.

Official statement that the cut flowers and the leafy vegetables:

— originate in a country free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch),

— or

— immediately prior to their export, have been officially inspected and found free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch).

32.3.

Plants of herbaceous species, intended for planting, other than:

— bulbs,

— corms,

— plants of the family Gramineae,

— rhizomes,

— seeds,

— tubers,

originating in third countries

Without prejudice to the requirements applicable to the plants in Annex IV, Part A, Section I(27.1), (27.2), (28), (29) and (32.1), official statement that:

(a)  the plants originate in an area known to be free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess),

or

(b)  either no signs of Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) have been observed at the place of production, on official inspections carried out ar least monthly during the three months prior to harvesting,

or

(c)  immediately prior to export, the plants have been officially inspected and found free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and have been subjected to an appropriate treatment against Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess),

or

(d)  the plants originate from plant material (explant) which is free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess); are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess); and are shipped in transparent containers under sterile conditions.

 ◄

▼M27

33.

Plants with roots, planted or intended for planting, grown in the open air

Official statement that:

(a)  the place of production is known to be free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. and Synchytrium endobioticum (Schilbersky) Percival,

and

(b)  the plants originate from a field known to be free from Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens.

▼B

34.

►M3  

Soil and growing medium, attached to or associated with plants, consisting in whole or in part of soil or solid organic substances such as parts of plants, humus including peat or bark or consisting in part of any solid inorganic substance, intended to sustain the vitality of the plants, originating in:

—  ►M7  Cyprus, Malta,  ◄ Turkey,

— Belarus, ►A1  Estonia,  ◄ Georgia, ►A1  Latvia, Lithuania,  ◄ Moldova, Russia, Ukraine,

— non-European countries, other than Algeria, Egypt, Israel, Libya, Morocco, Tunisia

 ◄

Official statement that:

(a)  the growing medium, at the time of planting, was:

— either free from soil, and organic matter,

— or

— found free from insects and harmful nematodes and subjected to appropriate examination or heat treatment or fumigation to ensure that it was free from other harmful organisms,

— or

— subjected to appropriate heat treament or fumigation to ensure freedom from harmful organisms, and

(b)  since planting:

— either appropriate measures have been taken to ensure that the growing medium has been maintained free from harmful organisms,

— or

— within two weeks prior to dispatch, the plants were shaken free from the medium leaving the minimum amount necessary to sustain vitality during transport, and, if replanted, the growing medium used for that purpose meets the requirements laid down in (a).

35.1.

Plants ofBeta vulgaris L. intended for planting, other than seeds

Official statement that no symptoms of Beet curly top virus (non-European isolates) have been observed at the place of production since the beginning of the last complete cycle of vegetation.

35.2.

Plants of Beta vulgaris L. intended for planting, other than seeds, originating in countries where Beet leaf curl virus is known to occur

Without prejudice to the requirements applicable the plants listed in Annex IV(A)(I)(35.1), official statement that:

(a)  Beet leaf curl virus has not been known to occur in the area of production;

and

(b)  no symptoms of Beet leaf curl virus have been observed at the place or production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.

▼M3

36.1.

Plants, intended for planting, other than:

— bulbs,

— corms,

— rhizomes,

— seeds,

— tubers,

originating in third countries

Without prejudice to the requirements applicable to the plants in Annex IV, Part A, Section I(27.1), (27.2), (28), (29), (31), (32.1) and (32.3), official statement that the plants have been grown in nurseries and:

(a)  originate in an area, established in the country of export by the national plant protection service in that country, as being free from Thrips palmi Karny in accordance with relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of this Directive under the rubric ‘Additional declaration’,

or

(b)  originate in a place of production, established in the country of export by the national plant protection service in that country, as being free from Thrips palmi Karny in accordance with relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of this Directive under the rubric ‘Additional declration’, and declared free from Thrips palmi Karny on official inspections carried out at least monthly during the three months prior to export,

or

(c)  immediately prior to export, have been subjected to an appropriate treatment against Thrips palmi Karny and have been officially inspected and found free from Thrips palmi Karny. Details of the treatment shall be mentiond on the certificates referred to in Article 7 or 8 of this Directive,

or

(d)  originate from plant material (explant) which is free from Thrips palmi Karny; are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Thrips palmi Karny; and are shipped in transparent containers under sterile conditions.

 ◄

36.2.

Cut flowers of Orchidaceae and fruits of Momordica L. and Solanum melongena L., originating in third countries

Official statement that the cut flowers and the fruits:

— originate in a country free from Thrips palmi Karny,

— or

— immediately prior to their export, have been officially inspected and found free from Thrips palmi Karny.

▼M27

36.3

Fruits of Capsicum L. originating in Belize, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Jamaica, Mexico, Nicaragua, Panama, Puerto Rico, USA and French Polynesia where Anthonomus eugenii Cano is known to occur

Official statement that the fruits:

(a)  originate in an area free from Anthonomus eugenii Cano, established by the national plant protection organisation in accordance with relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Article 13.1 (ii) of this Directive under the rubric ‘Additional declaration’

or

(b)  originate in a place of production, established in the country of export by the national plant protection organisation in that country, as being free from Anthonomus eugenii Cano, in accordance with relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Article 13.1 (ii) of this Directive under the rubric ‘Additional declaration’, and declared free from Anthonomus eugenii Cano on official inspections carried out at least monthly during the two months prior to export, at the place of production and its immediate vicinity.

▼B

37.

Plants of Palmae intended for planting other than seeds, originating in non-European countries

Without prejudice to the prohibitions applicable to the plants listed in Annex III(A)(17), where appropriate, official statement that:

(a)  either the plants originate in an area known to be free from Palm lethal yellowing mycoplasm and Cadang-Cadang viroid, and no symptoms have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation;

or

(b)  no symptoms of Palm lethal yellowing mycoplasm and Cadang-Cadang viroid have been observed on the plants since the beginning of the last complete cycle of vegetation, and plants at the place of production which have shown symptoms giving rise to the suspicion of contamination by the organisms have been rogued out at that place and the plants have undergone appropriate treatment to rid them of Myndus crudus Van Duzee;

(c)  in the case of plants in tissue culture, the plants were derived from plants which have met the requirements laid down in (a) or (b)

▼M21

37.1.

Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth, Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf.

Without prejudice to the prohibitions applicable to the plants listed in Annex III(A)(17) and the requirements listed in Annex IV(A)(I)(37) official statement that the plants:

(a)  have been grown throughout their life in a country where Paysandisia archon (Burmeister) is not known to occur; or

(b)  have been grown throughout their life in an area free from Paysandisia archon (Burmeister), established by the national plant protection organisation in accordance with relevant International Standards for Phytosanitary Measures; or

(c)  have, during a period of at least two years prior to export, been grown in a place of production:

— which is registered and supervised by the national plant protection organisation in the country of origin, and

— where the plants were placed in a site with complete physical protection against the introduction of Paysandisia archon (Burmeister) or with application of appropriate preventive treatments, and

— where, during three official inspections per year carried out at appropriate times, including immediately prior to export, no signs of Paysandisia archon (Burmeister) have been observed.

▼M27 —————

▼B

38.2.

Plants of Fuchsia L. intended for planting, other than seeds, originating in the USA or Brazil

Official statement that no symptoms of Aculops fuchsiae Keifer have been observed at the place of production and that immediately prior to export the plants have been inspected and found free from Aculops fuchsiae Keifer.

39.

Trees and shrubs, intended for planting, other than seeds and plants in tissue culture, originating in third countries other than European and Mediterranean countries

Without prejudice to the provisions applicable to the plants listed in Annex III(a)(1), (2), (3), (9), (13), (15), (16), (17), (18), Annex III(B)(1) and Annex IV(A)(I)(8.1), (8.2), (9), (10), (11.1), (11.2), (12), (13.1), (13.2), (14), (15), (17), (18), (19.1), (19.2), (20), (22.1), (22.2), (23.1), (23.2), (24), (25.5), (25.6), (26), (27.1), (27.2), (28), (29), (32.1), (32.2), (33), (34), (36.1), (36.2), (37), (38.1) and (38.2), where appropriate, official statement that the plants:

— are clean (i.e. free from plant debris) and free from flowers and frutis,

— have been grown in nurseries,

— have been inspected at appropriate times and prior to export and found free from symptoms of harmful bacteria, viruses and virus-like organisms, and either found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms.

40.

Deciduous trees and shrubs, intended for planting, other than seeds and plants in tissue culture, originating in third countries other than European and Mediterranean countries

►M3  Without prejudice to the provisions applicable to the plants listed in Annex III(A)(2), (3), (9), (15), (16), (17) and (18), Annex III(B)(1) and Annex IV(A)(I), (11.1), (11.2), (11.3), (12), (13.1), (13.2), (14), (15), (17), (18), (19.1), (19.2), (20), (22.1), (22.2), (23.1), (23.2), (24), (33), (36.1), (38.1), (38.2), (39) and (45.1) where appropriate, official statement that the plants are dormant and free from leaves ◄ .

41.

Annual and biennial plants. other than Gramineae, intended for planting, other than seeds, originating in countries other than European and Mediterranean countries

Without prejudice to the provisions applicable to the plants, where appropriate, listed in Annex III(A)(11), (13), and Annex IV(A)(I)(25.5), (25.6), (32.1), (32.2), (32.3), (33), (34), (35.1) and (35.2) official statement that the plants:

— have been grown in nurseries,

— are free from plant debris, flowers and fruits,

— have been inspected at appropriate times and prior to export, and

— 

— found free from symptoms of harmful bacteria, viruses and virus-like organisms, and

— either found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms.

42.

Plants of the family Gramineae of ornamental perennial grasses of the subfamilies Bambusoideae, Panicoideae and of the genera Buchloe, Bouteloua Lag., Calamagrostis, Cortaderia Stapf., Glyceria R. Br., Hakonechloa Mak. ex Honda, Hystrix, Molinia, Phalaris L., Shibataea, Spartina Schreb., Stipa L. and Uniola L. intended for planting, other than seeds, originating in countries other than European and Mediterranean countries

Without prejudice to the requirements applicable to the plants, where appropriate, listed in Annex IV(A)(I)(33) and (34), official statement that the plants:

— have been grown in nurseries,

— and

— are free from plants debris, flowers and fruits,

— and

— have been inspected and prior to export, and

— 

— found free from symptoms of harmful bacteria, viruses and virus-like organisms, and

— either found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms.

43.

Naturally or artificially dwarfed plants intended for planting other than seeds, originating in non-European countries

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(1), (2), (3), (9), (13), (15), (16), (17), (18), Annex III(B)(1), and Annex IV(A)(I)(8.1), (9), (10), (11.1), (11.2), (12), (13.1), (13.2), (14), (15), (17), (18), (19.1), (19.2), (20), (22.1), (22.2), (23.1), (23.2), (24), (25.5), (25.6), (26), (27.1), (27.2), (28), (32.1), (32.2), (33), (34), (36.1), (36.2), (37), (38.1), (38.2), (39), (40) and (42), where appropriate, official statement that:

(a)  the plants, including those collected directly from natural habitats, shall have been grown, held and trained for at least two consecutive years prior to dispatch in officially registered nurseries, which are subject to an officially supervised control regime,

(b)  the plants on the nurseries referred to in (a) shall:

(aa)  at least during the period referred to in (a):

— be potted, in pots which are placed on shelves at least 50 cm above ground,

— have been subjected to appropriate treatments to ensure freedom from non-European rusts: the active ingredient, concentration and date of application of these treatments shall be mentioned on the phytosanitary certificate provided for in Article 7 of this Directive under the rubric ‘disinfestation and/or disinfection treatment’.

— have been officially inspected at least six times a year at appropriate intervals for the presence of harmful organisms of concern, which are those in the Annexes to the Directive. These inspections, which shall also be carried out on plants in the immediate vicinity of the nurseries referred to in (a), shall be carried out at least by visual examination of each row in the field or nursery and by visual examination of all parts of the plant above the growing medium, using a random sample of at least 300 plants from a given genus where the number of plants of that genus is not more than 3 000 plants, or 10 % of the plants if there are more than 3 000 plants from that genus,

— have been found free, in these inspections, from the relevant harmful organisms of concern as specified in the previous indent. Infested plants shall be removed. The remaining plants, where appropriate, shall be effectively treated, and in addition shall be held for an appropriate period and inspected to ensure freedom from such harmful organisms of concern,

— have been planted in either an unused artificial growing medium or in a natural growing medium, which has been treated by fumigation or by appropriate heat treatment and has been of any harmful organisms,

— have been kept under conditions which ensure that the growing medium has been maintained free from harmful organisms and within two weeks prior to dispatch, have been:

— 

— shaken and washed with clean water to remove the original growing medium and kept bare rooted, or

— shaken and washed with clean water to remove the original growing medium and replanted in growing medium which meets the conditions laid down in (aa) fifth indent, or

— subjected to appropriate treatments to ensure that the growing medium is free from harmful organisms, the active ingredient, concentration and date of application of these treatments shall be mentioned on the phytosanitary certificate provided for in Article 7 of this Directive under the rubric ‘disinfestation and/or disinfection treatment’.

(bb)  be packed in closed containers which have been officially sealed and bear the registration number of the registered nursery; this number shall also be indicated under the rubric additional declaration on the phytosanitary certificate provided for in Article 7 of this Directive, enabling the consignments to be identified.

44.

Herbaceous perennial plants, intended for planting, other than seeds, of the families Caryophyllaceae (except Dianthus L.), Compositae (except Dendranthema (DC.) Des Moul.), Cruciferae, Leguminosae and Rosaceae (except Fragaria L.), originating in third countries, other than European and Mediterranean countries

Without prejudice to the requirements applicable to plants, where appropriate, listed in Annex IV(A)(I)(32.1), (32.2), (32.3), (33) and (34) official statement that the plants:

— have been grown in nurseries, and

— are free from plant debris, flowers and fruits, and

— have been inspected at appropriate times and prior to export, and

— 

— found free from symptoms of harmful bacteria, viruses and virus-like organisms,

— and

— either found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms.

▼M3

45.1.

Plants of herbaceous species and plants of Ficus L. and Hibiscus L., intended for planting, other than bulbs, corms, rhizomes, seeds and tubers, originating in non-European countries

Without prejudice to the requirements applicable to the plants in Annex IV, Part A, Section I(27.1), (27.2), (28), (29), (32.1), (32.3) and (36.1), official statement that the plants:

(a)  originate in an area, established in the country of export by the national plant protection service in that country, as being free from Bemisia tabaci Genn. (non-European populations) in accordance with relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of this Directive under the rubric ‘Additional declaration’,

or

(b)  originate in a place of production, established in the country of export by the national plant protection service in that country, as being free from Bemisia tabaci Genn. (non-European populations) in accordance with relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of this Directive under the rubric ‘Additional declaration’, and declared free from Bemisia tabaci Genn. (non-European populations) on official inspections carried out at least once each three weeks during the nine weeks prior to export,

or

(c)  in cases where Bemisia tabaci Genn. (non-European populations) has been found at the place of production, are held or produced in this place of production and have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (non-European populations) and subsequenly this place of production shall have been found free from Bemisia tabaci Genn. (non-European populations) as a consequence of the implementation of appropriate procedures aiming at eradicating Bemisia tabaci Genn. (non-European populations), in both official inspections carried out weekly during the nine weeks prior to export and in monitoring procedures throughout the said period. Details of the treatment shall be mentioned on the certificates referred to in Article 7 or 8 of this Directive,

or

(d)  originate from plant material (explant) which is free from Bemisia tabaci Genn. (non-European populations); are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Bemisia tabaci Genn. (non-European populations); and are shipped in transparent containers under sterile conditions.

 ◄

45.2.

Cut flowers of Aster spp., Eryngium L., Gypsophila L., Hypericum L., Lisianthus L., Rosa L., Solidago L., Trachelium L., and leafy vegetables of Ocimum L., originating in non-European countries

Official statement that the cut flowers and leafy vegetables:

— originate in a country free from Bemisia tabaci Genn. (non-European populations),

— or

— immediately prior to their export, have been officially inspected and found free from Bemisia tabaci Genn. (non-European populations).

▼B

►M3  45.3. ◄

Plants of ►M27  Solanum lycopersicum L. ◄ intended for planting, other than seeds, originating in countries where Tomato yellow leaf curl virus is known to occur

Without prejudice to the requirements applicable to plants listed in Annex III(A)(13) and Annex IV(A)(I)(25.5), (25.6) and 25.7 where appropriate

(a) Where Bemisia tabaci Genn. is not known to occur

Official statement that no symptoms of Tomato yellow leaf curl virus have been observed on the plants

(b) Where Bemisia tabaci Genn. is known to occur

Official statement that:

(a)  no symptoms of Tomato yellow leaf curl virus have been observed on the plants, and

(aa)  the plants originate in areas known to be free from Bemisia tabaci Genn., or

(bb)  the place of production has been found free from Bemisia tabaci Genn. on official inspections carried out at least monthly during the three months prior to export;

or

(b)  no symptoms of Tomato yellow leaf curl virus have been observed on the place of production and the place of production has been subjectet to an appropriate treatment and monitoring regime to ensure freedom from Bemisia tabaci Genn.

►C5  46.

Plants intended for planting, other than seeds, bulbs, tubers, corms and rhizomes, originating in countries where the relevant harmful organisms are known to occur. ◄

The relevant harmful organisms are:

— Bean golden mosaic virus,

— Cowpea mild mottle virus,

— Lettuce infectious yellow virus,

— Pepper mild tigré virus,

— Squash leaf curl virus,

— other viruses transmitted by Bemisia tabaci Genn.

Without prejudice to the requirements applicable to the plants listed in Annex III(A)(13) and Annex IV(A)(I)(25.5) (25.6), (32.1), (32.2), (32.3), (35.1), (35.2), (44), ►M22  (45),  ◄ (45.1) ►M3  , (45.2) and (45.3) ◄ where appropriate

(a) Where Bemisia tabaci Genn. (non-European populations) or other vectors of the relevant harmful organisms are not known to occur

Official statement that no symptoms of the relevant harmful organisms have been observed on the plants during their complete cycle of vegetation

(b) Where Bemisia tabaci Genn. (non-European populations) or other vectors of the relevant harmful organisms are known to occur

Official statement that no symptoms of the relevant harmful organisms have been orbserved on the plants during an adequate period,

and

(a)  the plants originate in areas known to be free from Bemisia tabaci Genn. and other vectors of the relevant harmful organisms;

or

(b)  the place of production has been found free from Bemisia tabaci Genn. and other vectors of the relevant harmful organisms on official inspections carried out at appropriate times;

or

(c)  the plants have been subjected to an appropriate treatment aimed at eradicating Bemisia tabaci Genn;

or

(d)  the plants originate from plant material (explant) which is free from Bemisia tabaci Genn. (non-European populations) and which did not show any symptoms of the relevant harmful organisms; are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Bemisia tabaci Genn. (non-European populations); and are shipped in transparent containers under sterile conditions.

 ◄

47.

Seeds of Helianthus annuus L.

Official statement that:

(a)  the seeds originate in areas known to be free from Plasmopara halstedii (Farlow) Berl. and de Toni;

or

(b)  the seeds, other than those seeds that have been producted on varieties resistant to all races of Plasmopara halstedii (Farlow) Berl. and de Toni present in the area of production, have been subjected to an appropriate treatment against Plasmopara halstedii (Farlow) Berl. and de Toni.

48.

Seeds of ►M27  Solanum lycopersicum L. ◄

Official statement that the seeds have been obtained by means of an appropriate acid extraction method or an equivalent method approved ►M4  in accordance with the procedure referred to in Article 18(2) ◄ ,

and

(a)  either the seeds originate in areas where Clavibacter michiganensis ssp. michiganensis (Smith) Davis et al., Xanthomonas campestris pv. vesicatoria (Doidge) Dye and Potato spindle tuber viroid are not known to occur; or

(b)  no symptoms of diseases caused by those harmful organisms have been observed on the plants at the place of production during their complete cycle of vegetation; or

(c)  the seeds have been subjected to official testing for at least those harmful organisms, on a representative sample and using appropriate methods, and have been found, in these tests, free from those harmful organisms.

49.1.

Seeds of Medicago sativa L.

Official statement that:

(a)  no symptoms Ditylenchus dipsaci (Kühn) Filipjev have been observed at the place of production since the beginning of the last complete cycle of vegetation and no Ditylenchus dipsaci (Kühn) Filipjev has been revealed by laboratory tests on a representative sample;

or

(b)  fumigation has taken place prior to export;

or

(c)  the seeds have been subjected to an appropriate physical treatment against Ditylenchus dipsaci (Kühn) Filipjev and have been found to be free of this harmful organism after laboratory tests on a representative sample.

 ◄

49.2.

Seeds of Medicago sativa L., originating in countries where Clavibacter michiganensis ssp. insidiosus Davis et al. is known to occur

Without prejudice to the requirements applicable to plants listed in Annex IV(A)(I)(49.1), official statement that:

(a)  Clavibacter michiganensis ssp. insidiosus Davis et al. has not been known to occur on the farm or in the immediate vicinity since the beginning of the past 10 years;

(b)  either

— the crop belongs to a variety recognised as being highly resistant to Clavibacter michiganensis ssp. insidiosus Davis et al.,

— or

— it had not yet started its fourth complete cycle of vegetation from sowing when the seed was harvested and there was not more than one preceding seed harvest from the crop,

— or

— the content of inert matter which has been determined in accordance with the rules applicable for the certification of seed marketed in the Community, does not exceed 0,1 % by weight;

(c)  no symptoms of Clavibacter michiganensis ssp. insidiosus Davis et al. have been observed at the place of production, or on any Medicago sativa L. crop adjacent to it, during the last complete cycle of vegetation or, where appropriate, the last two cycles of vegetation;

(d)  the crop has been grown on land on which no previous Medicago sativa L. crop has been present during the last three years prior to sowing.

50.

Seeds of Oryza sativa L.

Official statement that:

(a)  the seeds have been officially tested by appropriate nematological tests and have been found free from Aphelenchoides besseyi Christie;

or

(b)  the seeds have been subjected to an appropriate hot water treatment or other appropriate treatment against Aphelenchoides besseyi Christie.

51.

Seeds of Phaseolus L.

Official statement that:

(a)  the seeds originate in areas known to be free from Xanthomonas campestris pv. phaseoli (Smith) Dye;

or

(b)  a representative sample of the seeds has been tested and found free from Xanthomonas campestris pv. phaseoli (Smith) Dye in these tests.

52.

Seeds of Zea mais L.

Official statement that:

(a)  the seeds originate in areas known to be free from Erwinia stewartii (Smith) Dye;

or

(b)  a representative sample of the seeds has been tested and found free from Erwinia stewartii (Smith) Dye in this test.

53.

Seeds of the genera Triticum, Secale and X Triticosecale from Afghanistan, India ►M9  , Iran ◄ , Iraq, Mexico, Nepal, Pakistan ►M3  , South Africa ◄ and the USA where Tilletia indica Mitra is known to occur.

Official statement that the seeds originate in an area where Tilletia indica Mitra is known not to occur. The name of the area shall be mentioned on the phytosanitary certificate provided for in Article 7.

54.

Grain of the genera Triticum, Secale and X Triticosecale from Afghanistan, India ►M9  , Iran ◄ , Iraq, Mexico, Nepal, Pakistan ►M3  , South Africa ◄ and the USA where Tilletia indica Mitra is known to occur.

Official statement that either,

(i)  the grain originates in an area where Tilletia indica Mitra is known not to occur. The name of the area or areas shall be mentioned on the phytosanitary certificate provided for in Article 7, under the rubric ‘place of origin’ or

(ii)  no symptoms of Tilletia indica Mitra have been observed on the plants at the place of production during their last complete cycle of vegetation and representative samples of the grain have been taken both at the time of harvest and before shipment and have been tested and found free from Tilletia indica Mitra in these tests; the latter shall be mentioned on the phytosanitary certificate provided for in Article 7, in the rubric ‘name of produce’ as ‘tested and found free from Tilletia indica Mitra’.

(1)   OJ 125, 11.7.1966, p. 2320/66. Directive as last amended by Commission Decision 1999/742/EC (OJ L 297, 18.11.1999, p. 39).

Section II

PLANTS, PLANT PRODUCTS AND OTHER OBJECTS ORIGINATING IN THE COMMUNTIY



Plants, plant products and other objects

Special requirements

▼M12 —————

▼M28

2.

Wood of Platanus L., including wood which has not kept its natural round surface.

Official statement that:

(a)  the wood originates in areas known to be free from Ceratocystis platani (J. M. Walter) Engelbr. & T. C. Harr.,

or

(b)  there shall be evidence by a mark ‘kiln-dried’, ‘KD’ or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20 % moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule.

▼M12 —————

▼B

4.

Plants of Pinus L. intended for planting, other than seeds

Official statement that no symptoms of Scrirrhia pini Funk and Parker have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.

5.

Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. and Tsuga Carr., intended for planting, other than seeds

Without prejudice to the requirements applicable to the plants listed in Annex IV(A)(II)(4), where appropriate, official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.

6.

Plants of Populus L., intended for planting, other than seeds

Official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.

7.

Plants of Castanea Mill. and Quercus L., intended for planting, other than seeds

Official statement that:

(a)  the plants originate in areas known to be free from Cryphonectria parasitica (Murrill) Barr

or

(b)  no symptoms of Cryphonectria parasitica (Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.

▼M28

8.

Plants of Platanus L., intended for planting, other than seeds

Official statement that:

(a)  the plants originate in an area known to be free from Ceratocystis platani (J. M. Walter) Engelbr. & T. C. Harr.,

or

(b)  no symptoms of Ceratocystis platani (J. M. Walter) Engelbr. & T. C. Harr. have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.

▼B

9.

►M8  Plants of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. and Sorbus L., intended for planting, other than seeds ◄

Official statement:

(a)  the plants originate in zones recognised as being free from Erwinia amylovora (Burr.) Winsl. et al. ►M4  in accordance with the procedure referred to in Article 18(2) ◄ ;

or

(b)  that the plants in the field of production and its immediate vicinity, which have shown symptoms of d'Erwinia amylovora (Burr.) Winsl. et al., have beend rogued out.

▼M27

10.

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds

Official statement that:

(a)  the plants originate in areas known to be free from Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri), Kanchaveli and Gikashvili and Citrus tristeza virus (European strains),

or

(b)  the plants derive from a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official individual testing for, at least, Citrus tristeza virus (European strains), using appropriate tests or methods in line with international standards, and have been growing permanently in an insectproof glasshouse or in an isolated cage on which no symptoms of Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili and Citrus tristeza virus (European strains) have been observed,

or

(c)  the plants:

— have been derived from a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official individual testing for, at least Citrus tristeza virus (European strains), using appropriate tests or methods in line with international standards, and has been found in these tests, free from Citrus tristeza virus (European strains), and certified free from at least Citrus tristeza virus (European strains) in official individual tests carried out according to the methods mentioned in this indent,

— and

— have been inspected and no symptoms of Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli et Gikashvili, and Citrus tristeza virus (European strains) have been observed since the beginning of the last complete cycle of vegetation.

▼M27

10.1.

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybridsand Casimiroa La Llave, Clausena Burm f., Vepris Comm., Zanthoxylum L., other than fruit and seed

Official statement that the plants originate in an area free from Trioza erytreae Del Guercio, established by the national plant protection organisation in accordance with relevant International Standards for Phytosanitary Measures.

▼B

11.

Plants of Araceae, Marantaceae, Musaceae, Persea spp. and Strelitziaceae, rooted or with growing medium attached or associated

Official statement that:

(a)  no contamination by Radopholus similis (Cobb) Thorne has been observed at the place of production since the beginning of the last complete cycle of vegetation;

or

(b)  soil and roots from suspected plants have been subjected since the beginning of the last complete cycle of vegetation to official nematological testing for at least Radopholus similis (Cobb) Thorne and have been found, in these tests, free from that harmful organism.

12.

Plants of Fragaria L., Prunus L. and Rubus L., intended for planting, other than seeds

Official statement that:

(a)  the plants originate in areas known to be free from the relevant harmful organisms;

or

(b)  no symptoms of diseases caused by the relevant harmful organisms have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation.

The relevant harmful organisms are:

— on Fragaria L.:

— 

— Phytophthora fragariae Hickman var. fragariae

— Arabis mosaic virus

— Raspberry ringspot virus

— Strawberry crinkle virus

— Strawberry latent ringspot virus

— Strawberry mild yellow edge virus

— Tomato black ring virus

— Xanthomonas fragariae Kennedy and King

— on Prunus L.:

— 

— Apricot chlorotic leafroll mycoplasm

— Xanthomonas campestris pv. pruni (Smith) Dye

— on Prunus persica (L.) Batsch:

— 

Pseudomonas syringae pv. persicae (Prunier et al.) Young et al.,

— on Rubus L.:

— 

— Arabis mosaic virus

— Raspberry ringspot virus

— Strawberry latent ringspot virus

— Tomato black ring virus.

13.

Plants of Cydonia Mill., and Pyrus L., intended for planting, other than seeds

Without prejudice to the requirements applicable to plants listed in Annex IV(A)(II)(9), official statement that:

(a)  the plants originate in areas known to be free from Pear decline mycoplasm;

or

(b)  the plants at the place of production and in its immediate vicinity, which have shown symptoms giving rise to the suspicion of contamination by Pear decline mycoplasm, have been rogued out at that place within the last three complete cycles of vegetation.

14.

Plants of Fragaria L., intended for planting, other than seeds

Without prejudice to the requirements applicable to the plants listed in Annex IV(A)(II)(12) official statement that:

(a)  the plants originate in areas known to be free from Aphelenchoides besseyi Christie;

or

(b)  no symptoms of Aphelenchoides besseyi Christie have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation;

or

(c)  in the case of plants in tissue culture, the plants have been derived from plants complying with section (b) of this item or have been officially tested by appropriate nematological methods and have been found free from Aphelenchoides besseyi Christie.

15.

Plants of Malus Mill., intended for planting, other than seeds

Without prejudice to the requirements applicable to the plants listed in Annex IV(A)(II)(9), official statement that:

(a)  the plants originate in areas known to be free from Apple proliferation mycoplasm;

or

(b)  

(aa)  the plants, other than those raised from seed, have been:

— either officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for at least Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found, in these tests, free from that harmful organism,

— or

— derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last six complete cycles of vegetation, at least once, to official testing for, at least, Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found, in these tests, free from that harmful organism;

(bb)  no symptoms of diseases caused by Apple proliferation mycoplasm have been observed on the plants at the place of production, or on the susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation.

16.

Plants of the following species of Prunus L., intended for planting, other than seeds:

— Prunus amygdalus Batsch,

— Prunus armeniaca L.,

— Prunus blireiana Andre,

— Prunus brigantina Vill.,

— Prunus cerasifera Ehrh.,

— Prunus cistena Hansen,

— Prunus curdica Fenzl and Fritsch.,

— Prunus domestica ssp. domestica L.,

— Prunus domestica ssp. insititia (L.) C.K. Schneid,

— Prunus domestica ssp. italica (Borkh.) Hegi.,

— Prunus glandulosa Thunb.,

— Prunus holosericea Batal.,

— Prunus hortulana Bailey,

— Prunus japonica Thunb.,

— Prunus mandshurica (Maxim.) Koehne,

— Prunus maritima Marsh.,

— Prunus mume Sieb. and Zucc.,

— Prunus nigra Ait.,

— Prunus persica (L.) Batsch,

— Prunus salicina L.,

— Prunus sibirica L.,

— Prunus simonii Carr.,

— Prunus spinosa L.,

— Prunus tomentosa Thunb.,

— Prunus triloba Lindl. other species of Prunus L. susceptible to Plum pox virus

Without prejudice to the requrements applicable to the plants listed in Annex IV(A)(II)(12), official statement that:

(a)  the plants originate in areas known to be free from Plum pox virus;

or

(b)  

(aa)  the plants, other than those raised from seed, have been:

— either officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for, at least, plum pox virus using appropriate indicators or equivalent methods and has been found, in these tests, free from that harmful organism,

— or

— derived in direct line from material which is maintained under appropriate conditions and has been subjected within the last three complete cycles of vegetation, at least once, to official testing for at least Plum pox virus using appropriate indicators for equivalent methods and has been found, in these tests, free from that harmful organism;

(bb)  no symptoms of disease caused by Plum pox virus have been observed on plants at the place of production or on the susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation;

(cc)  plants at the place of production which have shown symptoms of disease caused by other viruses or virus-like pathogens, have been rogued out.

17.

Plants of Vitis L., other than fruit and seeds

Official statement that no symptoms of Grapevine Flavescence dorée MLO and Xylophilus ampelinus (Panagopoulos) Willems et al. have been observed on the mother-stock plants at the place of production since the beginning of the last two complete cycles of vegetation.

▼M27

18.1.

Tubers of Solanum tuberosum L., intended for planting

Official statement that:

(a)  the Union provisions to combat Synchytrium endobioticum (Schilbersky) Percival have been complied with;

and

(b)  either the tubers originate in an area known to be free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. or the Union provisions to combat Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. have been complied with;

and

(d)  

(aa)  either, the tubers originate in areas in which Ralstonia solanacearum (Smith) Yabuuchi et al.is known not to occur; or

(bb)  in areas where Ralstonia solanacearum (Smith) Yabuuchi et al. is known to occur, the tubers originate from a place of production found free from Ralstonia solanacearum (Smith) Yabuuchi et al., or considered to be free thereof, as a consequence of the implementation of an appropriate procedure aiming at eradicating Ralstonia solanacearum (Smith) Yabuuchi et al.;

and

(e)  either, the tubers originate in areas in which Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known not to occur, or in areas where Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known to occur:

— either, the tubers originate from a place of production which has been found free from Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen based on an annual survey of host crops by visual inspection of host plants at appropriate times and by visual inspection both externally and by cutting of tubers after harvest from potato crops grown at the place of production, or

— the tubers after harvest have been randomly sampled and, either checked for the presence of symptoms after an appropriate method to induce symptoms or laboratory tested, as well as inspected visually both externally and by cutting the tubers, at appropriate times and in all cases at the time of closing of the packages or containers before marketing according to the provisions on closing in Council Directive 66/403/EEC, and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen have been found.

▼M27

18.1.1

Tubers of Solanum tuberosum L., intended for planting, other than those to be planted in accordance with Article 4.4(b) of Council Directive 2007/33/EC

Without prejudice to the requirements applicable to the tubers of Solanum tuberosum L., intended for planting in Annex IV, Part A, Section II (18.1), official statement that the Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with.

▼B

18.2.

Tubers of Solanum tuberosum L., intended for planting, other than tubers of those varieties officially accepted in one or more Member States pursuant to Council Directive 70/457/EEC of 29 September 1970 on the common catalogue of varieties of agricultural plant species (1)

Without prejudice to the special requirements applicable to the tubers listed in Annex IV(A)(II)(18.1), official statement that the tubers:

— belong to advanced selections such a statement being indicated in an appropriate way on the document accompanying the relevant tubers,

— have been produced within the Community,

— and

— have been derived in direct line from material which has been maintained under appropriate conditions and has been subjected within the Community to official quarantine testing in accordance with appropriate methods and has been found, in these tests, free from harmful organisms.

18.3.

Plants of stolon or tuber-forming species of Solanum L., or their hybrids, intended for planting, other than those tubers of Solanum tuberosum L. specified in Annex IV(A)(II)(18.1) or (18.2), and other than culture maintenance material being stored in gene banks or genetic stock collections

(a)  The plants shall have been held under quarantine conditions and shall have been found free of any harmful organisms in quarantine testing;

(b)  the quarantine testing referred to in (a) shall:

(aa)  be supervised by the official plant protection organisation of the Member State concerned and executed by scientifically trained staff of that organisation or of any officially approved body;

(bb)  be executed at a site provided with appropriate facilities sufficient to contain harmful organisms and maintain the material including indicator plants in such a way as to eliminate any risk of spreading harmful organisms;

(cc)  be executed on each unit of the material,

— by visual examination at regular intervals during the full length of at least one vegetative cycle, having regard to the type of material and its stage of development during the testing programme, for symptoms caused by any harmful organisms,

— by testing, in accordance with appropriate methods to be submitted to the Committee referred to in Article 18:

— 

— in the case of all potato material at least for

— 

— Andean potato latent virus,

— Arracacha virus B. oca strain,

— Potato black ringspot virus,

— Potato spindle tuber viroid,

— Potato virus T,

— Andean potato mottle virus,

— common potato viruses A, M, S, V, X and Y (including Yo, Yn und Yc) and Potato leaf roll virus,

— Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al.,

—  ►M27  Ralstonia solanacearum (Smith) Yabuuchi et al.  ◄ ,

— in the case of true seed potato of least for the viruses and viroid listed above;

(dd)  by appropriate testing on any other symptom observed in the visual examination in order to identify the harmful organisms having caused such symptoms;

(c)  any material, which has not been found free, under the testing specified under (b) from harmful organisms as specified under (b) shall be immediately destroyed or subjected to procedures which eliminate the harmful organism(s);

(d)  each organisation or research body holding this material shall inform their official Member State plant protection service of the material held.

18.4.

Plants of stolon, or tuber-forming species of Solanum L., or their hybrids, intended for planting, being stored in gene banks or genetic stock collections

Each organisation or research body holding such material shall inform their official Member State plant protection service of the material held.

▼M27

18.5.

Tubers of Solanum tuberosum L., other than those mentioned in Annex IV(A)(II)(18.1), (18.1.1), (18.2), (18.3) or (18.4)

There shall be evidence by a registration number put on the packaging, or in the case of loose-loaded potatoes transported in bulk, on the vehicle transporting the potatoes, that the potatoes have been grown by an officially registered producer, or originate from officially registered collective storage or dispatching centres located in the area of production, indicating that the tubers are free from Ralstonia solanacearum (Smith) Yabuuchi et al. and that

(a)  the Union provisions to combat Synchytrium endobioticum (Schilbersky) Percival,

and

(b)  where appropriate, the Union provisions to combat Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al.,

and

(c)  the Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with.

▼B

18.6.

Plants of Solanaceae intended for planting, other than seeds and other than plants mentioned in Annex IV(A)(II)(18.4) or (18.5)

Without prejudice to the requirements applicable to the plants, listed in Annex IV(A)(II)(18.1), (18.2) and (18.3), where appropriate, official statement that:

(a)  the plants originate in areas known to be free from Potato stolbur mycoplasm;

or

(b)  no symptoms of Potato stolbur mycoplasm have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation.

▼M27

18.6.1

Plants with roots, intended for planting, of Capsicum spp., Solanum lycopersicum L. and Solanum melongena L., other than those to be planted in accordance with Article 4.4(a) of Council Directive 2007/33/EC

Without prejudice to the requirements applicable to the plants in Annex IV, Part A, Section II (18.6) official statement that the Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with.

▼M27

18.7.

Plants of Capsicum annuum L., Solanum lycopersicum L., Musa L., Nicotiana L., and Solanum melongena L., intended for planting, other than seeds

Without prejudice to the requirements applicable to the plants listed in Annex IV(A)(II)(18.6) where appropriate, official statement that:

(a)  the plants originate in areas which have been found free from Ralstonia solanacearum (Smith) Yabuuchi et al.,

or

(b)  no symptoms of Ralstonia solanacearum (Smith) Yabuuchi et al. have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation.

▼B

19.

Plants of Humulus lupulus L. intended for planting, other than seeds

Official statement that no symptoms of Verticillium albo-atrum Reinke and Berthold and of Verticillium dahliae Klebahn have been observed on hops at the place of production since the beginning of the last complete cycle of vegetation.

▼M21

19.1.

Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth, Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf.

Official statement that the plants:

(a)  have been grown throughout their life in an area free from Paysandisia archon (Burmeister), established by the national plant protection organisation in accordance with relevant International Standards for Phytosanitary Measures; or

(b)  have, during a period of at least two years prior to movement, been grown in a place of production:

— which is registered and supervised by the responsible official body in the Member State of origin, and

— where the plants were placed in a site with complete physical protection against the introduction of Paysandisia archon (Burmeister) or with application of appropriate preventive treatments, and

— where, during three official inspections per year carried out at appropriate times, no signs of Paysandisia archon (Burmeister) have been observed.

▼M27

20.

Plants of Dendranthema (DC.) Des Moul., Dianthus L. and Pelargonium l'Hérit. ex Ait., intended for planting, other than seeds

Official statement that:

(aa)  the plants originate in an area free from Helicoverpa armigera (Hübner) and Spodoptera littoralis (Boisd.), established by the national plant protection organisation in accordance with relevant International Standards for Phytosanitary Measures;

or

(a)  no signs of Helicoverpa armigera (Hübner), or Spodoptera littoralis (Boisd.) have been observed at the place of production since the beginning of the last complete cycle of vegetation;

or

(b)  the plants have undergone appropriate treatment to protect them from the said organisms.

▼B

21.1.

Plants of Dendranthema (DC) Des Moul. intended for planting, other than seeds

Without prejudice to the requirements applicable to the plants listed in Annex IV(A)(II)(20), official statement that:

(a)  the plants are no more than third generation stock derived from material which has been found to be free from Chrysanthemum stunt viroid during virological tests, or are directly derived from material of which a representative sample of at least 10 % has been found to be free from Chrysanthemum stunt viroid during an official inspection carried out at the time of flowering;

(b)  the plants or cuttings have come from premises:

— which have been officially inspected at least monthly, during the three months prior to dispatch and on which no symptoms of Puccinia horiana Hennings have been observed during that period, and in the immediate vicinity of which no symptoms of Puccinia horiana Hennings have been known to have occurred during the three months prior to marketing,

— or

— the consignment has undergone appropriate treatment against Puccinia horiana Hennings;

(c)  in the case of unrooted cuttings no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the plants from which the cuttings were derived, or that, in the case of rooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the rooting bed.

21.2.

Plants of Dianthus L. intended for planting, other than seeds

Without prejudice to the requirements applicable to the plants listed in Annex IV(A)(II)(20), official statement that:

— the plants have been derived in direct line from mother plants which have been found free from Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey, Pseudomonas caryophylli (Burkholder) Starr and Burkholder and Phialophora cinerescens (Wollenw.) van Beyma on officially approved tests carried out at least once within the two previous years,

— no symptoms of the above harmful organisms have been observed on the plants.

22.

Bulbs of Tulipa L. and Narcissus L., other than those for which there shall be evidence by their packaging, or by other means, that they are intended for sale to final consumers not involved in professional cut-flower production

Official statement that no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed on the plants since the beginning of the last complete cycle of vegetation.

▼M3

23.

Plants of herbaceous species, intended for planting, other than:

— bulbs,

— corms,

— plants of the family Gramineae,

— rhizomes,

— seeds,

— tubers

Without prejudice to the requirements applicable to the plants in Annex IV, Part A, Section II(20), (21.1) or (21.2), official statement that:

(a)  the plants originate in an area known to be free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess),

or

(b)  either no signs of Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) have been observed at the place of production, on official inspections carried out at least monthly during the three months prior to harvesting,

or

(c)  immediately prior to marketing, the plants have been officially inspected and found free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and have been subjected to an appropriate treatment against Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess),

or

(d)  the plants originate from plant material (explant) which is free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess); are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess); and are shipped in transparent containers under sterile conditions.

 ◄

▼M27

24.

Plants with roots, planted or intended for planting, grown in the open air

There shall be evidence that the place of production is known to be free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. and Synchytrium endobioticum (Schilbersky) Percival.

▼M27

24.1

Plants with roots, intended for planting, grown in the open air, of Allium porrum L., Asparagus officinalis L., Beta vulgaris L., Brassica spp. and Fragaria L.

and

bulbs, tubers and rhizomes, grown in the open air, of Allium ascalonicum L., Allium cepa L., Dahlia spp., Gladiolus Tourn. ex L., Hyacinthus spp., Iris spp., Lilium spp., Narcissus L. and Tulipa L., other than those plants, bulbs, tubers and rhizomes to be planted in accordance with Article 4.4(a) or (c) of Council Directive 2007/33/EC

Without prejudice to the requirements applicable to the plants in Annex IV, Part A, Section II (24) there shall be evidence that the Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with.

▼B

25.

Plants of Beta vulgaris L., intended for planting, other than seeds

Official statement that:

(a)  the plants originate in areas known to be free from Beet leaf curl virus;

or

(b)  Beet leaf curl virus has not been known to occur in the area of production and no symptoms of Beet leaf curl virus have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.

26.

Seeds of Helianthus annuus L.

Official statement that:

(a)  the seeds originate in areas known to be free from Plasmopara halstedii (Farlow) Berl. and de Toni;

or

(b)  the seeds, other than those seeds that have been produced on varieties resistant to all races of Plasmopara halstedii (Farlow) Berl. and de Toni present in the area of production, have been subjected to an appropriate treatment against Plasmopara halstedii (Farlow) Berl. and de Toni.

26.1.

Plants of ►M27  Solanum lycopersicum L. ◄ , intended for planting, other than seeds

Without prejudice to the requirements applicable to the plants, where appropriate, listed in Annex IV(a)(II)(18.6) and (23) official statement that:

(a)  the plants originate in areas known to be free from Tomato yellow leaf curl virus;

or

(b)  no symptoms of Tomato yellow leaf curl virus have been observed on the plants;

and

(aa)  the plants originate in areas known to be free from Bemisia tabaci Genn;

or

(bb)  the place of production has been found free from Bemisia tabaci Genn. on official inspections carried out at least monthly during the three months prior to export;

or

(c)  no symptoms of Tomato yellow leaf curl virus have been observed on the place of production and the place of production has been subjected to an appropriate treatment and monitoring regime to ensure freedom from Bemisia tabaci Genn.

27.

Seeds of ►M27  Solanum lycopersicum L. ◄

Official statement that the seeds have been obtained by means of an appropriate acid extraction method or an equivalent method approved ►M4  in accordance with the procedure referred to in Article 18(2) ◄ ;

and

(a)  either the seeds originate in areas where Clavibacter michiganensis ssp. michiganensis (Smith) Davis et al. or Xanthomonas campestris pv. vesicatoria (Doidge) Dye are not known to occur;

or

(b)  no symptoms of diseases caused by those harmful organisms have been observed on the plants at the place of production during their last complete cycle of vegetation;

or

(c)  the seeds have been subjected to official testing for at least those harmful organisms, on a representative sample and using appropriate methods, and have been found, in these tests, to be free from those harmful organisms.

28.1.

Seeds of Medicago sativa L.

Official statement that:

(a)  no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed at the place of production since the beginning of the last complete cycle of vegetation and that no Ditylenchus dipsaci (Kühn) Filipjev has been revealed by laboratory tests on a representative sample;

or

(b)  that fumigation has taken place prior to marketing;

or

(c)  the seeds have been subjected to an appropriate physical treatment against Ditylenchus dipsaci (Kühn) Filipjev and have been found to be free of this harmful organism after laboratory tests on a representative sample.

 ◄

28.2.

Seeds of Medicago sativa L.

Without prejudice to the requirements applicable to the plants listed in Annex IV(A)(II)(28.1), official statement that:

(a)  the seeds originate in areas known to be free from Clavibacter michiganensis spp. insidiosus Davis et al.;

or

(b)  

— Clavibacter michiganensis ssp. insidiosus Davis et al. has not been known to occur on the farm or in the immediate vicinity since the beginning of the past 10 years,

— and

— 

— the crop belongs to a variety recognised as being highly resistant to Clavibacter michiganensis ssp. insidiosus Davis et al.,

— or

— it had not yet started its fourth complete cycle of vegetation from sowing when the seed was harvested, and there was not more than one preceding seed harvest from the crop,

— or

— the content of inert matter which has been determined in accordance with the rules applicable for certification of seed was marketed in the Community, does not exceed 0,1 % by weight,

— no symptoms of Clavibacter michiganensis ssp. insidiosus Davis et al. have been observed at the place of production or on any Medicago sativa L. crop adjacent to it, during the last complete cycle of vegetation or, where appropriate, the last two cycles of vegetation,

— the crops has been grown on land on which no previous Medicago sativa L. crop has been present during the last three years prior to sowing.

29.

Seeds of Phaseolus L.

Official statement that:

(a)  the seeds originate in areas known to be free from Xanthomonas campestris pv. phaseoli (Smith) Dye;

or

(b)  a representative sample of the seeds has been tested and found free from Xanthomonas campestris pv. phaseoli (Smith) Dye in these tests.

30.1.

Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids

The packaging shall bear an appropriate origin mark.

(1)   OJ L 225, 12.10.1970, p. 1. Directive as last amended by Directive 98/96/EC (OJ L 25, 1.2.1999, p. 27).

PART B

SPECIAL REQUIREMENTS WHICH SHALL BE LAID DOWN BY ALL MEMBER STATES FOR THE INTORDUCTION AND MOVEMENT OF PLANTS, PLANT PRODUCTS AND OTHER OBJECTS INTO AND WITHIN CERTAIN PROTECTED ZONES



Plants, plant products and other objects

Special requirements

Protected zone(s)

1.

Wood of conifers (Coniferales)

Without prejudice to the requirements applicable to the wood listed in ►M22  Annex IV(A)(I)(1.1), (1.2), (1.3), (1.4), (1.5), (1.6), (1.7) ◄ , where appropriate:

(a)  the wood shall be stripped of its bark;

or

(b)  official statement that the wood originates in areas known to be free from Dendroctonus micans Kugelan;

or

(c)  there shall be evidence by a mark ‘Kiln-dried’, ‘KD’ or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20 % moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule.

►M14  EL, IRL, UK (Northern Ireland, Isle of Man and Jersey) ◄

2.

Wood of conifers (Coniferales)

Without prejudice to the requirements applicable to the wood listed in ►M22  Annex IV(A)(I)(1.1), (1.2), (1.3), (1.4), (1.5), (1.6), (1.7) ◄ , where appropriate, and Annex IV(B)(1),

(a)  the wood shall be stripped of its bark;

or

(b)  official statement that the wood originates in areas known to be free from Ips duplicatus Sahlbergh;

or

(c)  there shall be evidence by a mark ‘Kiln-dried’, ‘KD’ or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20 % moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule.

EL, IRL, UK

3.

Wood of conifers (Coniferales)

Without prejudice to the requirements applicable to the wood listed in ►M22  Annex IV(A)(I)(1.1), (1.2), (1.3), (1.4), (1.5), (1.6), (1.7) ◄ , where appropriate, and Annex IV(B)(1) and (2):

(a)  the wood shall be stripped of its bark;

or

(b)  official statement that the wood originates in areas known to be free from Ips typographus Heer;

or

(c)  there shall be evidence by a mark ‘Kiln-dried’, ‘KD’ or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20 % moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule.

IRL, UK

4.

Wood of conifers (Coniferales)

Without prejudice to the requirements applicable to the wood listed in ►M22  Annex IV(A)(I)(1.1), (1.2), (1.3), (1.4), (1.5), (1.6), (1.7) ◄ , where appropriate, and Annex IV(B)(1), (2), (3):

(a)  the wood shall be stripped of its bark;

or

(b)  official statement that the wood originates in areas known to be free from Ips amitinus Eichhof;

or

(c)  there shall be evidence by a mark ‘Kiln-dried’, ‘KD’ or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20 % moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule.

►M27  EL, IRL, UK ◄

5.

Wood of conifers (Coniferales)

Without prejudice to the requirements applicable to the wood listed in ►M22  Annex IV(A)(I)(1.1), (1.2), (1.3), (1.4), (1.5), (1.6), (1.7) ◄ , where appropriate, and Annex IV(B)(1), (2), (3), (4):

(a)  the wood shall be stripped of its bark;

or

(b)  official statement that the wood originates in areas known to be free from Ips cembrae Heer;

or

(c)  there shall be evidence by a mark ‘Kiln-dried’, ‘KD’ or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20 % moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule.

EL, IRL, UK (Northern Ireland, Isle of Man)

6.

Wood of conifers (Coniferales)

Without prejudice to the requirements applicable to the wood listed in ►M22  Annex IV(A)(I)(1.1), (1.2), (1.3), (1.4), (1.5), (1.6), (1.7) ◄ , where appropriate, and Annex IV(B)(1), (2), (3), (4), (5):

(a)  the wood shall be stripped of its bark;

or

(b)  official statement that the wood originates in areas known to be free from Ips sexdentatus Börner;

or

(c)  there shall be evidence by a mark ‘Kiln-dried’, ‘KD’ or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20 % moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule.

►A1  CY,  ◄ IRL, UK (Northern Ireland, Isle of Man)

▼M1 —————

▼M2 —————

▼M12

6.3.

Wood of Castanea Mill.

(a)  The wood shall be bark-free

or

(b)  Official statement that the wood:

(i)  originates in areas known to be free from Cryphonectria parasitica (Murrill.) Barr.

or

(ii)  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.

►M27  CZ, IRL, S, UK ◄

▼M28

6.4.

Wood of Platanus L., including wood which has not kept its natural round surface, originating in the Union, or in Armenia, Switzerland or the USA

Without prejudice to the provisions applicable to the wood listed in Annex IVA(I)5 and 7.1.2, and IVA(II)2, where appropriate, official statement that:

(a)  the wood originates in an area free from Ceratocystis platani (J. M. Walter) Engelbr. & T. C. Harr., established in accordance with relevant International Standards for Phytosanitary Measures, or

(b)  there shall be evidence by a mark ‘kiln-dried’, ‘KD’ or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20 % moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule, or

(c)  the wood originates from a protected zone listed in the right hand column

UK

▼B

7.

Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr., over 3 m in height, other than fruit and seeds

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(1), Annex IV(A)(I)(8.1), (8.2), (9), (10) and Annex IV(A)(II)(4), (5), where appropriate, official statement that the place of production is free from Dendroctonus micans Kugelan.

►M14  EL, IRL, UK (Northern Ireland, Isle of Man and Jersey) ◄

8.

Plants of Abies Mill. Larix Mill., Picea A. Dietr. and Pinus L., over 3 m in height, other than fruit and seeds

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(1), Annex IV(A)(I)(8.1), (8.2), (9), (10), Annex IV(A)(II)(4), (5), and Annex IV(B)(7), where appropriate, official statement that the place of production is free from Ips duplicatus Sahlberg.

EL, IRL, UK

9.

Plants of Abies Mill., Larix Mill., Picea A., Dietr., Pinus L. and Pseudotsuga Carr., over 3 m in height, other than fruit and seeds

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(1), Annex IV(A)(I)(8.1), (8.2), (9), (10), Annex IV(A)(II)(4), (5) and Annex IV(B)(7), (8), where appropriate, official statement that the place of production is free from Ips typographus Heer.

IRL, UK

10.

Plants of Abies Mill., Larix Mill., Picea A. Dietr., and Pinus L. over 3 m in height, other than fruit and seeds

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(1), Annex IV(A)(I)(8.1), (8.2), (9), (10), Annex IV(A)(II)(4), (5), and Annex IV(B)(7), (8), (9), where appropriate, official statement that the place of production is free from Ips amitinus Eichhof.

►M27  EL, IRL, UK ◄

11.

Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr., over 3 m in height, other than fruit and seeds

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(1), Annex IV(A)(I)(8.1), (8.2), (9), (10), Annex IV(A)(II)(4), (5), and Annex IV(B)(7), (8), (9), (10), where appropriate, official statement that the place of production is free from Ips cembrae Heer.

EL, IRL, UK (Northern Ireland, Isle of Man)

12.

Plants of Abies Mill., Larix Mill., Picea A. Dietr. and Pinus L., over 3 m in height, other than fruit and seeds

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(1), Annex IV(A)(I)(8.1), (8.2), (9), (10), Annex IV(A)(II)(4), (5), and Annex IV(B)(7), (8), (9), (10), (11), where appropriate, official statement that the place of production is free from Ips sexdentatus Börner.

IRL, ►A1  CY, ◄ UK (Northern Ireland, Isle of Man)

▼M28

12.1.

Plants of Platanus L., intended for planting, other than seeds, originating in the Union, or in Armenia, Switzerland or the USA

Without prejudice to the provisions applicable to the plants listed in Annex IVA(I)12 and IVA(II)8, where appropriate, official statement that:

(a)  the plants have been grown throughout their life in an area free from Ceratocystis platani (J. M. Walter) Engelbr. & T. C. Harr., established in accordance with relevant International Standard for Phytosanitary Measures, or

(b)  the plants have been grown throughout their life in a protected zone listed in the right hand column.

UK

▼M1 —————

▼B

14.1.

Isolated bark of conifers (Coniferales)

►M12  Without prejudice to the prohibitions applicable to the bark listed in Annex III(A)(4),  ◄ Official statement that the consignment:

(a)  has been subjected to fumigation or other appropriate treatments against bark beetles;

or

(b)  originates in areas known to be free from Dendroctonus micans Kugelan.

►M14  EL, IRL, UK (Northern Ireland, Isle of Man and Jersey) ◄

14.2.

Isolated bark of conifers (Coniferales)

Without prejudice to the provisions applicable to the bark listed in ►M12  Annex III(A)(4),  ◄ Annex IV(B)(14.1), official statement that the consignment:

(a)  has been subjected to fumigation or other appropriate treatments against bark beetles;

or

(b)  originates in areas known to be free from Ips amitinus Eichhof.

►M27  EL, IRL, UK ◄

14.3.

Isolated bark of conifers (Coniferales)

Without prejudice to the provisions applicable to the bark listed in ►M12  Annex III(A)(4),  ◄ Annex IV(B)(14.1), (14.2), official statement that the consignment:

(a)  has been subjected to fumigation or other appropriate treatments against bark beetles;

or

(b)  originates in areas known to be free from Ips cembrae Heer.

EL, IRL, UK (Northern Ireland, Isle of Man)

14.4.

Isolated bark of conifers (Coniferales)

Without prejudice to the provisions applicable to the bark listed in ►M12  Annex III(A)(4),  ◄ Annex IV(B)(14.1), (14.2), (14.3), official statement that the consignment:

(a)  has been subjected to fumigation or other appropriate treatments against bark beetles;

or

(b)  originates in areas known to be free from Ips duplicatus Sahlberg.

EL, IRL, UK

14.5.

Isolated bark of conifers (Coniferales)

Without prejudice to the provisions applicable to the bark listed in ►M12  Annex III(A)(4),  ◄ Annex IV(B)(14.1), (14.2), (14.3), (14.4), official statement that the consignment:

(a)  has been subjected to fumigation or other appropriate treatments against bark beetles;

or

(b)  originates in areas known to be free from Ips sexdentatus Börner.

IRL, ►A1  CY, ◄ UK (Northern Ireland, Isle of Man)

14.6.

Isolated bark of conifers (Coniferales)

Without prejudice to the provisions applicable to the bark listed in ►M12  Annex III(A)(4),  ◄ Annex IV(B)(14.1), (14.2), (14.3), (14.4), (14.5), official statement that the consignment:

(a)  has been subjected to fumigation or other appropriate treatments against bark beetles;

or

(b)  originates in areas known to be free from Ips typographus Heer.

IRL, UK

▼M2 —————

▼M1 —————

▼M12

14.9.

Isolated bark of Castanea Mill.

Official statement that the isolated bark:

(a)  originates in areas known to be free from Cryphonectria parasitica (Murrill.) Barr.

or

(b)  has been subjected to fumigation or other appropriate treatment against Cryphonectria parasitica (Murrill.) Barr. to a specification approved in accordance with the procedure laid down in Article 18.2. There shall be evidence of the fumigation by indicating on the certificates referred to in Article 13.1.(ii), the active ingredient, the minimum bark temperature, the rate (g/m3) and the exposure time (h)

►M27  CZ, IRL, S, UK ◄

▼B

15.

Plants of Larix Mill., intended for planting, other than seeds

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(1), Annex IV(A)(I)(8.1), (8.2), (10), Annex IV(A)(II)(5) and Annex IV(B)(7), (8), (9), (10), (11), (12), (13), official statement that the plants have been produced in nurseries and that the place of production is free from Cephalcia lariciphila (Klug.)

IRL, UK (Northern Ireland, Isle of Man and Jersey)

16.

Plants of Pinus L., Picea A. Dietr., Larix Mill., Abies Mill. and Pseudotsuga Carr., intended for planting, other than seeds

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(1), Annex IV(A)(I)(8.1), (8.2), (9), Annex IV(A)(II)(4) and Annex IV(B)(7), (8), (9), (10), (11), (12), (13), (15), where appropriate, official statement that the plants have been produced in nurseries and that the place of production is free from Gremmeniella abiedina (Lag.) Morelet.

IRL, UK (Northern Ireland)

▼M19 —————

▼B

18.

Plants of Picea A. Dietr., intended for planting, other than seeds

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(1), Annex IV(A)(I)(8.1), (8.2), (10), Annex IV(A)(II)(5) and Annex IV(B)(7), (8), (9), (10), (11), (12), (13), (16), official statement that the plants have been produced in nurseries and that the place of production is free from Gilpinia hercyniae (Hartig).

EL, IRL, UK (Northern Ireland, Isle of Man and Jersey)

19.

Plants of Eucalyptus l'Herit, other than fruit and seeds

Official statement that:

(a)  the plants are free from soil, and have been subjected to a treatment against Gonipterus scutellatus Gyll.;

or

(b)  the plants originate in areas known to be free from Gonipterus scutellatus Gyll.

►M7  EL, P (Azores) ◄

▼M27

19.1.

Plants of Castanea Mill., intended for planting

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(2) and IV(A)(I)(11.1), and (11.2), official statement that:

(a)  the plants have been grown throughout their life in places of production in countries where Cryphonectria parasitica (Murrill) Barr is known not to occur;

or

(b)  the plants have been grown throughout their life in an area free from Cryphonectria parasitica (Murrill) Barr, established by the national plant protection organisation in accordance with relevant International Standards for Phytosanitary measures

or

(c)  the plants have been grown throughout their life in the protected zones listed in the right-hand column

CZ, IRL, S, UK

▼B

20.1.

Tubers of Solanum tuberosum L., intended for planting

Without prejudice to the provisions applicable to the plants listed in Annex III(A)(10), (11), Annex IV(A)(I)(25.1), (25.2), (25.3), (25.4), (25.5), (25.6), Annex IV(A)(II)(18.1), (18.2), (18.3), (18.4), (18.6), official statement that the tubers:

(a)  were grown in an area where Beet necrotic yellow vein virus (BNYVV) is known not to occur;

or

(b)  were grown on land, or in growing media consisting of soil that is known to be free from BNYVV, or officially tested by appropriate methods and found free from BNYVV;

or

(c)  have been washed free from soil.

►M10   ►M14  DK,  ◄ F (Britanny), FI, IRL, P (Azores), ►M17   LT, ◄ UK (Northern Ireland) ◄

▼M3

20.2.

Tubers of Solanum tuberosum L., other than those mentioned in Annex IV(B)(20.1)

(a)  The consignment or lot shall not contain more than 1 % by weight of soil,

or

(b)  the tubers are intended for processing at premises with officially approved waste disposal facilities which ensures that there is no risk of spreading BNYVV.

►M10   ►M14  DK,  ◄ F (Britanny), FI, IRL, P (Azores), ►M17   LT, ◄ UK (Northern Ireland) ◄

▼M27

20.3.

Plants with roots, planted or intended for planting, grown in the open air

There shall be evidence thatthe plants originate from a field known to be free from Globodera pallida (Stone) Behrens.

FI, LV, SI, SK

▼M10

21.

Plants and live pollen for pollination of: Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. and Sorbus L., other than fruit and seeds

Without prejudice to the prohibitions applicable to the plants listed in Annex IIIA(9), (9.1), (18) and IIIB(1), where appropriate, official statement that:

a)  the plants originate in third countries recognised as being free from Erwinia amylovora (Burr.) Winsl. et al. in accordance with the procedure laid down in Article 18(2),

or

b)  the plants originate in pest free areas in third countries which have been established in relation to Erwinia amylovora (Burr.) Winsl. et al. in accordance with the relevant International Standard for Phytosanitary Measures and recognised as such in accordance with the procedure laid down in Article 18(2),

or

►M24  

c)  the plants originate in the Canton of Valais in Switzerland, or

 ◄

d)  the plants originate in the protected zones listed in the right-hand column,

or

e)  the plants have been produced, or, if moved into a ‘buffer zone’, kept and maintained for a period of at least 7 months including the period 1 April to 31 October of the last complete cycle of vegetation, on a field:

aa)  located at least 1 km inside the border of an officially designated ‘buffer zone’ of at least 50 km2 where host plants are subject to an officially approved and supervised control regime established at the latest before the beginning of the complete cycle of vegetation preceding the last complete cycle of vegetation, with the object of minimising the risk of Erwinia amylovora (Burr.) Winsl. et al. being spread from the plants grown there. Details of the description of this ‘buffer zone’ shall be kept available to the Commission and to other Member States. Once the ‘buffer zone’ is established, official inspections shall be carried out in the zone not comprising the field and its surrounding zone of 500 m width, at least once since the beginning of the last complete cycle of vegetation at the most appropriate time, and all host plants showing symptoms of Erwinia amylovora (Burr.) Winsl. et al. should be removed immediately. The results of these inspections shall be supplied by 1 May each year to the Commission and to other Member States, and

bb)  which has been officially approved, as well as the ‘buffer zone’, before the beginning of the complete cycle of vegetation preceding the last complete cycle of vegetation, for the cultivation of plants under the requirements laid down in this point, and

cc)  which, as well as the surrounding zone of a width of at least 500 m, has been found free from Erwinia amylovora (Burr.) Winsl. et al. since the beginning of the last complete cycle of vegetation, at official inspection carried out at least:

— twice in the field at the most appropriate time, i.e. once during June to August and once during August to November;

— and

— once in the said surrounding zone at the most appropriate time, i.e. during August to November, and

dd)  from which plants were officially tested for latent infections in accordance with an appropriate laboratory method on samples officially drawn at the most appropriate period.

Between 1 April 2004 and 1 April 2005, these provisions shall not apply to plants moved into and within the protected zones listed in the right-hand column which have been produced and maintained on fields located in officially designated ‘buffer zones’, according to the relevant requirements applicable before 1 April 2004.

►M28  E (except the autonomous communities of Aragon, Castilla la Mancha, Castilla y León, Extremadura, Murcia, Navarra and La Rioja, and the province of Guipuzcoa (Basque Country), the Comarcas de L'Alt Vinalopó and El Vinalopó Mitjà in the province of Alicante and the municipalities of Alborache and Turís in the province of Valencia (Comunidad Valenciana)), EE, F (Corsica), IRL (except Galway city), I (Abruzzo, Apulia, Basilicata, Calabria, Campania, Emilia-Romagna (the provinces of Parma and Piacenza), Lazio, Liguria, Lombardy (except the provinces of Mantua and Sondrio), Marche, Molise, Piedmont, Sardinia, Sicily, Tuscany, Umbria, Valle d'Aosta, Veneto (except the provinces of Rovigo and Venice, the communes Barbona, Boara Pisani, Castelbaldo, Masi, Piacenza d'Adige, S. Urbano, Vescovana in the province of Padova and the area situated to the south of highway A4 in the province of Verona)), LV, LT (except the municipalities of Babtai and Kėdainiai (region of Kaunas)), P, SI (except the regions Gorenjska, Koroška, Maribor and Notranjska, and the communes of Lendava and Renče-Vogrsko (south from the highway H4)), SK (except the communes of Blahová, Čenkovce, Horné Mýto, Okoč, Topoľníky and Trhová Hradská (Dunajská Streda County), Hronovce and Hronské Kľačany (Levice County), Dvory nad Žitavou (Nové Zámky County), Málinec (Poltár County), Hrhov (Rožňava County), Veľké Ripňany (Topoľčany County), Kazimír, Luhyňa, Malý Horeš, Svätuše and Zatín (Trebišov County)), FI, UK (Northern Ireland, Isle of Man and Channel Islands). ◄

▼M9 —————

▼M14

21.1.

Plants of Vitis L., other than fruit and seeds

Without prejudice to the prohibition in Annex III Part A point 15, on introducing plants of Vitis L. other than fruits from third countries (except Switzerland) into the Community, official statement that the plants:

(a)  originate in an area known to be free from Daktulosphaira vitifoliae (Fitch);

or

(b)  have been grown at a place of production which has been found free from Daktulosphaira vitifoliae (Fitch) on official inspections carried out during the last two complete cycles of vegetation;

or

(c)  have been subject to fumigation or other appropriate treatment against Daktulosphaira vitifoliae (Fitch).

CY

▼A1

21.2.

Fruits of Vitis L.

The fruits shall be free from leaves

and

official statement that the fruits:

(a)  originate in an area known to be free from Daktulosphaira vitifoliae (Fitch);

or

(b)  have been grown at a place of production which has been found free from Daktulosphaira vitifoliae (Fitch) on official inspections carried out during the last two complete cycles of vegetation;

or

(c)  have been subject to fumigation or other appropriate treatment against Daktulosphaira vitifoliae (Fitch).

CY

▼M10

21.3

From 15 March to 30 June, beehives

There shall be documented evidence that the beehives:

a)  originate in third countries recognised as being free from Erwinia amylovora (Burr.) Winsl. et al. in accordance with the procedure laid down in Article 18(2),

or

►M24  

b)  originate in the Canton of Valais in Switzerland, or

 ◄

c)  originate in the protected zones listed in the right-hand column,

or

d)  have undergone an appropriate quarantine measure before being moved.

►M28  E (except the autonomous communities of Aragon, Castilla la Mancha, Castilla y León, Extremadura, Murcia, Navarra and La Rioja, and the province of Guipuzcoa (Basque Country), the Comarcas de L'Alt Vinalopó and El Vinalopó Mitjà in the province of Alicante and the municipalities of Alborache and Turís in the province of Valencia (Comunidad Valenciana)), EE, F (Corsica), IRL (except Galway city), I (Abruzzo, Apulia, Basilicata, Calabria, Campania, Emilia-Romagna (the provinces of Parma and Piacenza), Lazio, Liguria, Lombardy (except the provinces of Mantua and Sondrio), Marche, Molise, Piedmont, Sardinia, Sicily, Tuscany, Umbria, Valle d'Aosta, Veneto (except the provinces of Rovigo and Venice, the communes Barbona, Boara Pisani, Castelbaldo, Masi, Piacenza d'Adige, S. Urbano, Vescovana in the province of Padova and the area situated to the south of highway A4 in the province of Verona)),LV, LT (except the municipalities of Babtai and Kėdainiai (region of Kaunas)), P, SI (except the regions Gorenjska, Koroška, Maribor and Notranjska, and the communes of Lendava and Renče-Vogrsko (south from the highway H4)), SK (except the communes of Blahová, Čenkovce, Horné Mýto, Okoč, Topoľníky and Trhová Hradská (Dunajská Streda County), Hronovce and Hronské Kľačany (Levice County), Dvory nad Žitavou (Nové Zámky County), Málinec (Poltár County), Hrhov (Rožňava County), Veľké Ripňany (Topoľčany County), Kazimír, Luhyňa, Malý Horeš, Svätuše and Zatín (Trebišov County)), FI, UK (Northern Ireland, Isle of Man and Channel Islands). ◄

▼M3

22.

Plants of Allium porrum L., Apium L., Beta L., other than those mentioned in Annex IV(B)(25) and those intended for animal fodder, Brassica napus L., Brassica rapa L., Daucus L., other than plants intended for planting

(a)  The consignment or lot shall not contain more than 1 % by weight of soil,

or

(b)  the plants are intended for processing at premises with officially approved waste disposal facilities which ensures that there is no risk of spreading BNYVV.

►M10   ►M14  DK,  ◄ F (Britanny), FI, IRL, P (Azores), ►M17   LT, ◄ UK (Northern Ireland) ◄

▼B

23.

Plants of Beta vulgaris L., intended for planting, other than seeds

(a)  Without prejudice to the requirements applicable to the plants listed in Annex IV(A)(I)(35.1), (35.2), Annex IV(A)(II)(25) and Annex IV(B)(22), official statement that the plants:

(aa)  have been officially individually tested and found free from Beet necrotic yellow vein virus (BNYVV);

or

(bb)  have been grown from seeds complying with the requirements listed in Annex IV(B)(27.1) and (27.2), and

— grown in areas where BNYVV is known not to occur,

— or

— grown on land, or in growing media, officially tested by appropriate methods and found free from BNYVV,

— and

— sampled, and the sample tested and found free from BNYVV;

(b)  the organisation or research body holding the material shall inform their official Member State plant protection service of the material held.

►M10   ►M14  DK,  ◄ F (Britanny), FI, IRL, P (Azores), ►M17   LT, ◄ UK (Northern Ireland) ◄

▼M3

24.1.

Unrooted cuttings of Euphorbia pulcherrima Willd., intended for planting

Without prejudice to the requirements applicable to the plants listed in Annex IV(A)(I)(45.1), where appropriate, official statement that:

(a)  the unrooted cuttings originate in an area known to be free from Bemisia tabaci Genn. (European populations),

or

(b)  no signs of Bemisia tabaci Genn. (European populations) have been observed either on the cuttings or on the plants from which the cuttings are derived and held or produced at the place of production on official inspections carried out at least each three weeks during the whole production period of these plants on this place of production,

or

(c)  in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production, the cuttings and the plants from which the cuttings are derived and held or produced in this place of production have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aiming at eradicating Bemisia tabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout the said period. The last inspection of the above weekly inspections shall be carried out immediately prior to the above movement.

►M28  IRL, P (Azores, Beira Interior, Beira Litoral, Entre Douro e Minho, Ribatejo e Oeste (communes of Alcobaça, Alenquer, Bombarral, Cadaval, Caldas da Rainha, Lourinhã, Nazaré, Obidos, Peniche and Torres Vedras) and Trás-os-Montes), FI, S, UK ◄

24.2.

Plants of Euphorbia pulcherrima Willd., intended for planting, other than:

— seeds,

— those for which there shall be evidence by their packing or their flower (or bract) development or by other means that they are intended for sale to final consumers not involved in professional plant production,

— those specified in 24.1

Without prejudice to the requirements applicable to the plants listed in Annex IV(A)(I)(45.1), where appropriate official statement that:

(a)  the plants originate in an area known to be free from Bemisia tabaci Genn. (European populations),

or

(b)  no signs of Bemisia tabaci Genn. (European populations) habe been observed on plants at the place of production on official inspections carried out at least once each three weeks during the nine weeks prior to marketing,

or

(c)  in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production, the plants, held or produced in this place of production have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aiming at eradicating Bemisia tabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout the said period. The last inspection of the above weekly inspections shall be carried out immediately prior to the above movement,

and

(d)  evidence is available that the plants have been produced from cuttings which:

(da)  originate in an area known to be free from Bemisia tabaci Genn. (European populations),

or

(db)  have been grown at a place of production where no signs of Bemisia tabaci Genn. (European populations) have been observed on official inspections carried out at least once each three weeks during the whole production period of these plants,

or

►M28  IRL, P (Azores, Beira Interior, Beira Litoral, Entre Douro e Minho, Ribatejo e Oeste (communes of Alcobaça, Alenquer, Bombarral, Cadaval, Caldas da Rainha, Lourinhã, Nazaré, Obidos, Peniche and Torres Vedras) and Trás-os-Montes), FI, S, UK ◄

 

(dc)  in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production, have been grown on plants held or produced in this place of production having undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aiming at eradicating Bemisia tabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout the said period. The last inspection of the above weekly inspections shall be carried out immediately prior to the above movement.

 

24.3.

Plants of Begonia L., intended for planting, other than seeds, tubers and corms, and plants of Ficus L. and Hibiscus L., intended for planting, other than seeds, other than those for which there shall be evidence by their packing or their flower development or by other means that they are intended for sale to final consumers not involved in professional plant production

Without prejudice to the requirements applicable to the plants listed in Annex IV(A)(I)(45.1), where appropriate, official statement that:

(a)  the plants orginate in an area known to be free from Bemisia tabaci Genn. (European populations),

or

(b)  no signs of Bemisia tabaci Genn. (European populations) have been observed on plants at the place of production on official inspections carried out at least once each three weeks during the nine weeks prior to marketing,

or

(c)  in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production, the plants, held or produced in this place of production have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aiming at eradicating Bemisia tabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout the said period. The last inspection of the above weekly inspections shall be carried out immediately prior to the above movement.

►M28  IRL, P (Azores, Beira Interior, Beira Litoral, Entre Douro e Minho, Ribatejo e Oeste (communes of Alcobaça, Alenquer, Bombarral, Cadaval, Caldas da Rainha, Lourinhã, Nazaré, Obidos, Peniche and Torres Vedras) and Trás-os-Montes), FI, S, UK ◄

▼M3 —————

▼M3

25.

Plants of Beta vulgaris L., intended for industrial processing

Official statement that:

(a)  the plants are transported in such a manner as to ensure that there is no risk of spreading BNYVV, and are intended to be delivered to a processing plant with officially approved waste disposal facilities, which ensures that there is no risk of spreading BNYVV,

or

(b)  the plants have been grown in an area where BNYVV is known not to occur.

►M10   ►M14  DK,  ◄ F (Britanny), FI, IRL, P (Azores), ►M17   LT, ◄ UK (Northern Ireland) ◄

26.

Soil from beet and unsterilised waste from beet (Beta vulgaris L.)

Official statement that soil or waste:

(a)  has been treated to eliminate contamination with BNYVV,

or

(b)  is intended to be transported for disposal in an officially approved manner,

or

(c)  comes from Beta vulgaris plants grown in an area where BNYVV is known not to occur.

►M10   ►M14  DK,  ◄ F (Britanny), FI, IRL, P (Azores), ►M17   LT, ◄ UK (Northern Ireland) ◄

▼B

27.1.

Seeds and fodder beet seed of the species Beta vulgaris L.

Without prejudice to the provisions of Council Directive 66/400/EEC of 14 June 1966 on the marketing of beet seed (2), where applicable, official statement that:

(a)  the seed of the categories ‘basic seed’ and ‘certified seed’ satisfies the conditions laid down in Annex I(B)(3) to Directive 66/400/EEC; or

(b)  in the case of ‘seed not finally certified’, the seed:

— satisfies the conditions laid down in Article (15)(2) of Directive 66/400/EEC, and

— is intended for processing that will satisfy the conditions laid down in Annex I(B) to Directive 66/400/EEC and delivered to a processing enterprise with officially approved controlled waste disposal, to prevent the spread of Beet necrotic yellow vein virus (BNYVV);

(c)  the seed has been produced from a crop grown in an area where BNYVV is known not to occur.

►M10   ►M14  DK,  ◄ F (Britanny), FI, IRL, P (Azores), ►M17   LT, ◄ UK (Northern Ireland) ◄

27.2.

Vegetable seed of the species Beta vulgaris L.

Without prejudice to the provisions of Council Directive 70/458/EEC of 29 September 1970 on the marketing of vegetable seed (3), where applicable, official statement that:

(a)  the processed seed contains no more than 0,5 % by weight of inert matter, in the case of pelleted seed this standard shall be met prior to pelleting; or

(b)  in the case of non-processed seed, the seed:

— shall be officially packed in such a manner as to ensure that there is no risk of spread of BNYVV, and

— is intended for processing that will satisfy the conditions laid down in (a) and delivered to a processing enterprise with officially approved controlled waste disposal, to prevent the spread of Beet necrotic yellow vein virus (BNYVV);

— or