NON-PAPER
(version 21-2-2011)
SANCO/10796/2011
NON-PAPER
(version 21-2-2011)
Brussels,
C(2011) final
DRAFT
COMMISSION IMPLEMENTING DECISION
of ……
on emergency measures to prevent the introduction into and the spread within the Union of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode)
NON-PAPER
(version 21-2-2011)
NON-PAPER
(version 21-2-2011)
DRAFT COMMISSION IMPLEMENTING DECISION
of ……
on emergency measures to prevent the introduction into and the spread within the Union of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode)
(notified under document ………….)
(2011/…./EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community[1], and in particular Article 16(1) thereof,
Whereas:
(1) Under Council Directive 2000/29/EC, each Member State shall immediately notify the Commission and the other Member States of the presence in its territory of any of the harmful organisms listed in Annex II, Part A, Section I. 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) Annex II, Part A, Section I of Council Directive 2000/29/EC lists harmful organisms not known to occur in the Union and relevant for the entire Union whose introduction into, and spread within, all Member States shall be banned if they are present on certain plants or plant products. Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode (PWN)) is a harmful organism listed in Annex II, Part A, Section I.
(3) Portugal informed the other Member States and the Commission on 25 June 1999 that some samples of pine trees originating in its territory were identified as infested by PWN. The Commission has adopted Decisions 2000/58/EC[2], 2001/218/EC[3] and 2006/133/EC[4] defining measures to be taken against PWN.
(4) Portugal informed the other Member States and the Commission on 14 April 2008 that PWN outbreaks had been detected outside the initial outbreak area of Setubal. By means of national legislation it declared on 27 June 2008 that the entire continental territory of Portugal is PWN-infested. Portugal on its territory established a 20-km-wide buffer zone along the border with Spain. Portugal is implementing a national action plan to suppress and contain the outbreaks and to prevent the spread of PWN into other Member States and third countries.
(5) Following the spread of PWN into additional parts of the continental territory of Portugal in 2008, the Commission adopted reinforced measures against the spread of PWN within the demarcated area and against the spread of PWN from the demarcated area into other Member States and third countries, in particular Decision 2008/954/EC[5].
(6) Since 1 January 2009, in total 11 interceptions of susceptible pine wood, wood packaging material and bark were notified to the Commission by Cyprus, France, Ireland, Spain and Sweden.
(7) Portugal informed the other Member States and the Commission on 2 December 2009 that an outbreak of PWN had been detected in the territory of the island of Madeira. By means of regional legislation, the autonomous region of Madeira declared on 22 April 2011 that the entire territory of the island of Madeira, excluding however the other islands of the Madeira archipelago, is PWN-infested. The autonomous region of Madeira is implementing a regional action plan to suppress and contain the outbreak.
(8) Spain informed the other Member States and the Commission on 7 November 2008 that a pine tree in the autonomous region of Extremadura had been identified as infested by PWN. Spain implemented a national action plan to eradicate the outbreak and is monitoring the surrounding area to ensure that the applied eradication measures have been successful.
(9) Spain informed the other Member States and the Commission on 12 November 2010 that a PWN outbreak had been identified in the autonomous region of Galicia. It is implementing a national action plan to fully eradicate the outbreak.
(10) Commission Decision 2006/133/EC requires Member States temporarily to take additional measures against the dissemination of PWN as regards areas in Portugal, other than those in which it is known to occur. The PWN outbreaks in Spain and the repeated interceptions by other Member States of PWN-infested pine wood, wood packaging material and bark from Portugal evidence that the risk has increased of PWN outbreaks outside areas in Portugal, in which PWN is known to occur. It is therefore appropriate to expand the scope of the temporary additional measures against the dissemination of PWN to all Member States.
(11) Commission Decision 2006/133/EC requires Portugal to continue to take measures control the spread of PWN with the aim of eradication. Portugal has informed the Commission that eradication is no longer possible and implements a national action plan with the aim of suppression and containment of PWN within the areas in Portugal, where PWN is known to occur. It is therefore appropriate to expand the objective of the temporary additional measures against the dissemination of PWN include suppression and containment of PWN within the demarcated areas in Portugal, in addition to eradication of new PWN outbreaks outside the current demarcated areas in Portugal.
(12) Surveys carried out by all Member States have shown that PWN does not occur in the territories of any Member State to the exception of Portugal, where PWN has become established in two demarcated areas, and Spain, which is free from PWN apart from two transient outbreaks for which national action plans are being implemented to ensure complete eradication of PWN. Studies have shown that the economic, social and environmental impact of PWN spread across the Union would be unacceptably large. It is therefore appropriate to recognize that the objective of measures concerning PWN outbreaks outside of the current two demarcated areas in Portugal where PWN cannot be eradicated any more should be complete eradication.
(13) It is appropriate for Portugal to continue to take specific measures with respect to movements of wood, isolated bark and host plants within demarcated areas in Portugal and from such areas into other areas of Portugal and into the other Member States, and to continue to ensure that natural spread of PWN from PWN-infested areas into and across the buffer zone cannot occur.
(14) As a consequence of the increased risk of PWN spread to other Member States and the need to expand the territorial scope and objectives of the temporary additional measures as regards PWN, it is appropriate to introduce temporary requirements for all Member States as concerns multi-annual action plans for eradication and containment of PWN in cases of outbreaks and to define the specific measures that are required in such cases. Those emergency measures should apply to the demarcation of areas in the Union where PWN is present and the measures to be taken in such areas for eradication and containment and as regards the production and movement of susceptible plants and plant products.
(15) The establishment of PWN in Portugal and the spread of PWN out of the original demarcated area into other parts of Portugal and into Spain evidence that a stronger emphasis is needed in the Union on prevention of PWN entry, establishment and spread. It is therefore appropriate to introduce temporary obligations for specific preventive measures as regards all Member States, including the obligation to carry out annual surveys for the presence of PWN, to establish national contingency plans for possible PWN outbreaks and to set up information campaigns to the general public concerning the risk of PWN introduction and spread.
(16) The results of the specific measures against PWN and the implementation of the action plans by Member States on whose territories PWN outbreaks have occurred should be assessed continuously, taking into account the assessments made by the Food and Veterinary Office in the Member States and the notifications of PWN interceptions by the Member States. It is therefore appropriate that the results of measures and the action plans be reviewed annually after discussion with the Standing Committee on Plant Health.
(17) The European and Mediterranean Plant Protection Organisation (EPPO) in 2009 published a new Pest Risk Analysis (PRA) for PWN for the EPPO region. The PRA lists Tsuga, Juniperus, Chamaecyparis and Cryptomeria, but not Thuja and Taxus, as susceptible to PWN. It is therefore appropriate to amend the list of susceptible host plant species accordingly.
(18) Member States should, if necessary, adapt their legislation in order to comply with this Decision.
(19) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:
Article 1
Definitions
For the purposes of this Decision, the following definitions shall apply:
(a) "the pine wood nematode (PWN)": Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al.;
(b) "susceptible plants": plants (other than fruit and seeds) of Abies Mill., Cedrus Trew, Chamaecyparis Spach, Cryptomeria D. Don, Juniperus L., Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. and Tsuga Carr.
(c) "susceptible wood and bark": wood and isolated bark of conifers (Coniferales), except that of Thuja L. and Taxus L.;
(d) "place of production" means the place of production as defined in the FAO International Standard for Phytosanitary Measures No 5 [6].
Article 2
Demarcated areas and action plans
1. Where there is evidence of the presence of PWN in the territory of a Member State, that Member State shall without delay:
(a) define a demarcated area, comprised of a part in which PWN is known to occur and a part designated as buffer zone of not less than 20 km width surrounding that part;
(b) based on the contingency plan provided for under Article 4, establish and implement a multi-annual action plan for PWN eradication in that demarcated area in accordance with Annex II. If after four years of implementation of this plan, it appears that eradication cannot be achieved, the Member State can decide to switch the objective of the action plan from eradication to containment. In that case, the Member State shall establish and implement a multi-annual action plan for PWN containment in that demarcated area in accordance with Annex III. The action plans shall describe the official measures to be taken in the demarcated areas.
2. When a Member State defines a demarcated area and establishes an action plan in accordance with paragraph 1, it shall notify them to the Commission and the other Member States within one month of the notification according to Article 3, paragraph 3. This notification shall include a description of that demarcated area and a map.
3. In case the results of the surveys referred to in point 1 of Article 3 indicate the presence of PWN at less than 20 km of the border with a neighbouring Member State, the Member State in the territory of which the PWN outbreak has occurred shall immediately inform the neighbouring Member State thereof. The neighbouring Member State shall establish a demarcated area in its territory as an extension of the initial demarcated area to include a buffer zone of 20 km width around the location where the presence was detected.
4. For all Member States in the territory of which PWN outbreaks have occurred, the Commission shall compile a list of 'areas' in which PWN is known not to occur and convey such a list to the Standing Committee on Plant Health and to the Member States. Any areas not comprised in the above list shall be deemed to be demarcated areas. That list shall be updated according to the results of the surveys referred to in point 1 of Article 3 and to the findings notified under Article 16(1) of Directive 2000/29/EC.
5. Action plans shall be submitted to the Commission and the Standing Committee on Plant Health.
6. Member States shall ensure that the action plan and the technical measures referred to in paragraph 1(b) are implemented by technically qualified and duly authorised public servants and/or qualified agents or operators or, at least, under direct supervision of the responsible official bodies.
Article 3
Surveys and notification
1. Member States shall conduct official annual surveys for PWN, on susceptible plants, wood and bark originating in their country and on Monochamus sp. occurring in their territory, to determine whether there is any evidence of infestation by PWN in their territory.
The surveys shall be conducted in accordance with the guidelines provided in the latest published version of the EU pine wood nematode (Bursaphelenchus xylophilus) survey protocol issued by the Commission. Laboratory tests shall as a minimum comply with the diagnostic protocol for Bursaphelenchus xylophilus provided in EPPO Standard PM7/4(2). For all Member States, the number of laboratory tests on samples from the surveys shall not be lower than indicated in Annex I.
Without prejudice to Article 16(1) of Directive 2000/29/EC, the results of those surveys shall be notified to the Commission and to the other Member States by 15 January of the following year.