L 168/38 Official Journal of the European Union 28.6.2008 II (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 27 June 2008 concerning interim protective measures against the dissemination of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode) in Portugal (notified under document number C(2008) 3312) (2008/489(EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community ('), and in particular Article 16(5) thereof, Whereas: 1 ) O] L 169, Commission Directive 2007/41/EC (O] L 169, 29.6.2007, p. 51). () OJ L 52, 23.2.2006, 2008/378[EC (O] L 130, 20.5.2008, p. 22). In accordance with Commission Decision 2006/133/EC of 13 February 2006 requiring Member States temporarily to take additional measures against the disse- mination of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode — PWN) as regards areas in Portugal, other than those in which it is known not to occur (3, Portugal is implementing an eradication plan against the dissemination of the pine wood nematode. Portugal has adopted a ministerial order (Portaria No 358/2008 of 12 May 2008) prohibiting movement of susceptible wood and plants out of continental Portugal unless the wood has been heat treated and the plants duly inspected. 10.7.2000, p. 1. Directive as last amended by p- 34. Decision as last amended by Decision 3) Portugal presented to the Commission a proposal for a survey plan, as provided for in the second paragraph of Article 4 of Decision 2006/133/EC, for the entire Portuguese territory. The proposal was discussed in the Standing Committee on Plant Health on 26 and 27 May 2008. However, the Commission, based on the conclusions of the Committee, did not approve the plan because of insufficient intensity of monitoring. Portugal informed the Commission on 5 June 2008 on the finding of new outbreaks of PWN, as a result of an extraordinary investigation by the Portuguese authorities in addition to the annual survey, in the part of Portugal where so far PWN was known not to occur. The inspection mission from the Food and Veterinary Office from 2 to 6 June 2008 revealed that the data available are not sufficient to confirm that there are areas in Portugal which are free from PWN. Moreover, the Community and national measures are not fully im- plemented. Therefore, the measures taken so far are considered to be inadequate and immediate risk of spread of PWN out of Portugal on account of movements of susceptible wood, bark and plants cannot be excluded any longer. Moreover, at present Member States other than Portugal should, as soon as possible, be allowed to control movements into their territory of susceptible wood, bark and plants originating in all parts of Portugal.