Commission Directive 98/1/EC of 8 January 1998 amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
L 15/26 ‹ EN ‹ Official Journal of the European Communities 21. 1. 98 COMMISSION DIRECTIVE 98/1/EC of 8 January 1998 amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the intro- duction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), as last amended by Commission Directive 97/14/EC (2), and in particular Article 13, second paragraph, third and fourth indents, thereof, Whereas improved measures should be taken to protect the Community against the introduction of harmful or- ganisms affecting hybrids of Solanum L. , other than those intended for planting, and aquarium plants; Whereas certain provisions concerning organisms af- fecting naturally or artificially dwarfed plants for planting, other than seeds, originating in non-European countries should be improved; Whereas certain provisions concerning organisms af- fecting isolated bark of Castanea Mill. should be amended and, in particular, adapted to the present distri- bution of organisms such as non-European Pissodes spp. and Scolytidae spp. ; should be taken to protect the Whereas measures against Diabrotica barberi Community Smith & Lawrence, Diabrotica undecimpunctata howardi Barber, Diabrotica undecimpunctata undecimpuctata Manner- heim and Diabrotica virgifera Le Conte, harmful or- ganisms which have not hitherto been known to occur in the Community; Whereas certain provisions concerning Monilinia fructi- cola (Winter) Honey, should be amended because it has been determined that only Prunus fruits from non-Euro- pean countries should be subjected to phystosanitary control in the high-risk period from 15 February to 30 September; Whereas measures should be taken against the introduc- tion into and spread within the Community of Meloido- gyne chitwoodi Golden et al. (all populations) and M. fallax Karssen and Tomato yellow leaf curl virus; Whereas the provisions on protective measures against Enarmonia prunivora Walsh and Ditylenchus dipsaci (Kühn) Filipjev, organisms listed in the Annexes to the said Directive, should be improved, and in particular the list of host plants should be extended; Whereas it is no longer appropriate to maintain the current provisions on protective measures againt Tomato spotted wilt virus; Whereas certain measures against Gymnosporangium asiaticum Miyabe ex Yamada, in particular in respect of plants of Photinia Ldl. , should be modified because it has been determined that the said organism is only present in some third countries; (1) OJ L 26, 31. 1. 1977, p. 20. (2) OJ L 87, 2. 4. 1997, p. 17. Whereas since it has been determined that the risk of spreading Xanthomonas campestris pv. pruni by intra- Community trade in P. laurocerasus L. and P. lusitanica L. , is minimal, the relevant measures should be modified; Whereas since it has become apparent that there is no transmitting Bemisia tabaci Genn with seeds, risk of tubers and corms of Begonia L. , the relevant measures should be modified; Whereas certain measures against Clavibacter michiga- nensis spp. insidiosus Davis et al. should be modified in order to take account of the area of origin of the seeds and the presence of the disease in that area; Whereas in order to take into account the phytosanitary risk involved with the import of parts of certain plants, other than fruits and seeds, certain measures should be modified; Whereas these amendments are in accordance with the requests of the Member States concerned; Whereas, 77/93/EEC should be amended accordingly; the relevant Annexes to Directive therefore, 21. 1. 98 ‹ EN ‹ Official Journal of the European Communities L 15/27 Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Comittee on Plant Health, HAS ADOPTED THIS DIRECTIVE: Article 1 2. Member States shall immediately communicate to the Commission the main provisions of domestic law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof. Article 3 Annexes I to V to Directive 77/93/EEC are hereby amended as indicated in the Annex to this Directive. This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. Article 2 1. Member States shall bring into force the laws, regu- lations and administrative provisions necessary to comply with this Directive with effect from 1 May 1998. They shall forthwith inform the Commission thereof. When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompa- nied by such reference at the time of their official pub- lication. The procedure for such reference shall be adopted by Member States. Article 4 This Directive is addressed to the Member States. Done at Brussels, 8 January 1998. For the Commission Franz FISCHLER Member of the Commission L 15/28 ‹ EN ‹ Official Journal of the European Communities 21. 1. 98 ANNEX 1. In Annex I, Part A, Section I(a), the following points are inserted after point 10: ‘10. 1. Diabrotica barberi Smith bLawrence 10. 2. Diabrotica undecimpunctata howardi Barber 10. 3. Diabrotica undecimpunctata undecimpunctata Mannerheim 10. 4. Diabrotica virgifera Le Conte’. 2. In Annex I, Part A, Section I(a), the following point is inserted after point 11: ‘11. 1. Hirschmanniella spp. , other than Hirschmanniella gracilis (de Man) Luc bGoodey’. 3. In Annex I, Part A, Section II(a), the following points are inserted after point 6: ‘6. 1. Meloidogyne chitwoodi Golden et al. (all populations) 6. 2. Meloidogyne fallax Karssen’. 4. In Annex I, Part A, Section II(a), the following point is inserted after point 8: ‘8. 1. Rhizoecus hibisci Kawai bTakagi’. 5. In Annex II, Part A, Section I(a), point 12, the text in the right-hand column is replaced by the fol- lowing: ‘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’. 6. In Annex II, Part A, Section II(d), point 15, the right-hand column, the following words are added: ‘other than seeds’. 7. In Annex II, Part A, Section II(d), the following point is added: ‘16. Tomato yellow leaf curl virus Plants of Lycopersicon lycopersicum (L. ) Karsten ex Farw. , intended for planting, other than seeds’. 8. In Annex III, Part A, point 9 is replaced by the following: ‘9. Plants of Chaenomeles Lindl. , 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 9. 1 Plants of Photinia Ldl. , intended for plan- ting, other than dormant plants free from leaves, flowers and fruit Non-European countries USA, China, Japan, Korea Democratic People’s Republic’ the Republic of Korea and 9. In Annex III, Part A, point 12, the text in the left-hand column is replaced by the following: ‘Tubers of species of Solanum L. and their hybrids, other than those specified in points 10 and 11’. 21. 1. 98 ‹ EN ‹ Official Journal of the European Communities L 15/29 10. In Annex IV, Part A, Section I, point 16, the text in the left-hand column is replaced by the following: ‘From 15 February to 30 September, fruits of Prunus L. , originating in non-European countries’. 11. In Annex IV, Part A, Section I, point 25. 4, right-hand column, the following is added: ‘and (cc) 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 (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 Meloido- gyne 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 provi- sions on closing in Council Directive 66/403/EEC (*), and no symptoms of Meloidogyne chit- woodi Golden et al. (all populations) and Meloidogyne fallax Karssen have been found. (*) OJ 125, 11. 7. 1966, p. 2320/66. ’ 12. In Annex IV, Part A, Section I, point 43 is replaced by the following: ‘43. Naturally or artificially dwarfed plants than seeds, intended for planting other originating in non-European countries (8. 2), (I) (8. 1), 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) (12), (9. 2), (13. 1), (13. 2), (14), (15), (17), (18), (19. 1), (19. 2), (20), (22. 1), (26), (27. 1), (27. 2), (28), (32. 1), (32. 2), (33), (34), (36), (37), (38. 1), (38. 2), (39), (40), (42), where appropriate, offi- cial statement that: (23. 1), (23. 2), (25. 6), (22. 2), (11. 2), (11. 1), (25. 5), (9. 1), (10), (24), (a) the plants, including those collected directly from natural habitats, shall have been grown, held and trained for at two consecutive years prior to dispatch in officially registered to an officially nurseries, which are subject supervised control regime, least (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 treat- to ensure freedom from non- ments 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”, L 15/30 ‹ EN ‹ Official Journal of the European Communities 21. 1. 98 — 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 nur- series 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 inspec- tions, from the relevant harmful organ- isms 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 or- ganisms of concern, — have been planted in either an unused artificial growing medium or in a natural been growing medium, which has treated by fumigation or by appropriate heat treatment and has been examined afterwards and found free of any harmful organisms, — have been kept under conditions which ensure that the growing medium has been maintained free from harmful or- ganisms and within two weeks prior to dispatch, have been: — shaken and washed with clean water growing to remove medium and kept bare rooted, or the original — shaken and washed with clean water growing to remove medium and replanted in growing medium which meets the conditions laid down in (aa) fifth indent, or the original — 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 treat- ments shall be mentioned on the phytosanitary certificate provided for in Article 7 of this Directive under the rubric “disfestation and/or disin- fection treatment”, 21. 1. 98 ‹ EN ‹ Official Journal of the European Communities L 15/31 (bb) be packed in closed containers which have been officially sealed and bear the registra- tion number of the registered nursery; this number shall also be indicated under the on the rubric phytosanitary certificate, provided for in Article 7 of this Directive, enabling the consignments to be identified;’ declaration” “additional 13. In Annex IV, Part A, Section I, the following point is inserted after point 45: ‘45. 1 Plants of Lycopersicon lycopersicum (L. ) Karsten ex Farw. 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. 6) and (25. 7) where appropriate (25. 5), (a) Where Bemisia tabaci Genn. is not know 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 Official statement that: known to occur (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 subjected to an appropriate treatment and monitoring regime to ensure freedom from Bemisia tabaci Genn. ’ 14. In Annex IV, Part A, Section I, point 46, right-hand column ‘and (45. 1)’ is inserted after ‘(45)’. 15. In Annex IV, Part A, Section II, point 19. 1, right-hand column, the following is added: ‘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 Meloido- gyne 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 L 15/32 ‹ EN ‹ Official Journal of the European Communities 21. 1. 98 — 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. ’ 16. In Annex IV, Part A, Section II, the following point is inserted after point 27: ‘27. 1 Plants of Lycopersicon lycopersicum (L. ) Karsten ex Farw. , intended for planting, other than seeds Without prejudice to the requirements applicable to the plants, where appropriate, listed in Annex IV (A) (II) (19. 6) and (24), 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. ’ 17. In Annex IV, Part A, Section II, point 29. 2, right-hand column, the word ‘or’ is inserted between (a) and (b). 18. In Annex IV, Part B, point 24, the text in the left-hand column is replaced by the following: ‘Plants of Begonia L. , intended for planting other than seeds, tubers and corms, and plants of Euphorbia pulcherrima Willd. , intended for planting, other than seeds, other than those for which there shall be evidence by their packaging 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. ’ 19. In Annex V, Part A(I), point 1. 1, the word ‘Prunus L. ’ is replaced by ‘Prunus L. , other than Prunus laurocerasus L. and Prunus lusitanica L. ’. 20. In Annex V, Part A(I), point 2. 1, the words ‘Prunus laurocerasus L. , Prunus lusitanica L. ’ are inserted between ‘Populus L. ’ and ‘Pseudotsuga Carr. ’. 21. In Annex V, Part A(II), point 2. 1 is replaced by the following: ‘Plants of Begonia L. , intended for planting other than seeds, tubers and corms, and plants of Euphorbia pulcherrima Willd, intended for planting, other than seeds’. 22. In Annex V, Part B(I), point 1, the words ‘or aquarium plants’ are deleted. 23. In Annex V, Part B(I), point 1, the words ‘Allium ascalonicum L. ’ are inserted after ‘Zea mais L. ’. 21. 1. 98 ‹ EN ‹ Official Journal of the European Communities L 15/33 24. In Annex V, Part B(I), point 2 is replaced by the following: ‘2. Parts of plants, other than fruits and seeds, of — Castanea Mill. , Dendranthema (DC) Des. Moul. , Dianthus L. , Pelargonium l’Herit ex Ait, Phoenix spp. , Populus L. , Quercus L. , — conifers (Coniferales), — Acer saccharum Marsh. , originating in North American countries, — Prunus L. , originating in non-European countries. ’ 25. In Annex V, Part B(I), point 5, second indent, the words ‘Castanea Mill. ’ are deleted