29.1.2003 Official Journal of the European Communities L 2415 COMMISSION DECISION of 28 January 2003 on provisional measures to prevent the introduction into and the spread within the Community of pepino mosaic virus as regards tomato plants, intended for planting (notified under document number C(2003) 339) (2003/64/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 (!), as last amended by Directive 2002/89/EC (3), and in particular the third sentence of Article 16(3) thereof, Whereas: 1 ) ) 0 In late 1999 and early 2000, Germany, France, the Neth- erlands and the United Kingdom informed the other Member States and the Commission of outbreaks of pepino mosaic virus on tomato crops in their respective countries and of the measures taken to control it. By Commission Decision 2001/536/EC (}), Member States were provisionally required to take measures against the introduction into and the spread within the Community of pepino mosaic virus as regards tomato plants, intended for planting, other than seeds. In official surveys carried out by Member States pursuant to Decision 2001/536/EC, new outbreaks have been detected. Moreover, pepino mosaic virus is present in several third countries. Pepino mosaic virus is currently not listed in Annex I or Annex II to Directive 2000/29/EC. However, a preli- minary pest risk analysis carried out by several Member States based on available scientific information has demonstrated that pepino mosaic virus and its damaging effects could be of significant plant health concern to the Community, in particular for protected tomato produc- tion. The risk to out-door production of tomatoes and of other solanaceae crops, especially potatoes, has not yet fully been established. The Commission has asked the Member States to continue scientific research work and to deliver an opinion on the risk of pepino mosaic virus to out-door production of tomatoes and of other solana- ceae crops. At this stage, the scientific work performed on the pepino mosaic virus has not provided sufficient clarification to revise that preliminary pest risk analysis. L 169, 10.7.2000, p. 1. L 355, 30.12.2002, p. 45. L 193,17.7.2001, p. 26. () (10) Accordingly, as Decision 2001/536/EC has expired, it is necessary to provide for provisional measures against pepino mosaic virus. The source of contamination on premises involved in tomato fruit production has not been identified to date. The Member States should therefore conduct official surveys to determine the sources of contamination as well as the pathway of introduction. Although the role of tomato seed as source of infection is not yet fully clarified, it is likely that seed plays an important role. Consequently the measures set out in this Decision should also apply to tomato seeds. Those measures should apply to the introduction or the spread within the Community of pepino mosaic virus, the inspection of tomato plants intended for planting, originating in third countries and the movement of tomato plants, intended for planting. They should also include more general monitoring for the presence of pepino mosaic virus in the Member States. It is appropriate that the results of such measures be continually assessed, and possible subsequent measures be considered in the light of the results of that assess- ment. The subsequent measures should also take into account the information to be provided and the scientific opinion to be delivered by the Member States. The measures provided for in this Decision are in accor- dance with the opinion of the Standing Committee on Plant Health, HAS ADOPTED THIS DECISION: Atrticle 1 The introduction into and movement within the Community of plants of tomato, Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting, contaminated by pepino mosaic virus shall be prohibited.