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Commission Implementing Decision of 26 September 2012 on emergency measures to prevent the spread within the Union of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode) (notified under document C(2012) 6543) (2012/535/EU) (revoked)

EU Decision 2012/535 · Adopted 26 September 2012 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Commission Implementing Decision

of 26 September 2012

on emergency measures to prevent the spread within the Union of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode)

(notified under document C(2012) 6543)

(2012/535/EU) (revoked)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations to the whole text

Textual amendments

F1

Decision revoked (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), reg. 2(2)(b), Sch. 3 para. 15 (with regs. 53, 55)

Contents

  1. 1Definitions Repealed
  2. 2Surveys in areas in which PWN is not known to occur Repealed
  3. 3Laboratory testing Repealed
  4. 4Contingency plans Repealed
  5. 5Demarcated areas Repealed
  6. 6Eradication Repealed
  7. 7Containment Repealed
  8. 8Information of the operators and the public Repealed
  9. 9Communication on national measures Repealed
  10. 10Movement of susceptible plants and susceptible wood and bark within the Union Repealed
  11. 11Checks concerning movements from demarcated areas to areas other than demarcated areas and from infested zones to buffer zones Repealed
  12. 12Measures in case of non-compliance with Article 10 Repealed
  13. 13Authorisation of treatment facilities Repealed
  14. 14Marking authorisation Repealed
  15. 15Supervision of authorised treatment facilities and authorised wood packaging material producers Repealed
  16. 16Withdrawal of authorisations of authorised treatment facilities and authorised wood packaging material producers Repealed
  17. 17List of authorised treatment facilities and authorised wood packaging material producers Repealed
  18. 18Repeal Repealed
  19. 19Review Repealed
  20. 20Date of application Repealed
  21. 21Addressees Repealed
  22. Annex I: Eradication measures provided for in Article 6 Repealed
  23. 1Member States shall in accordance with Article 6 take measures in the demarcated areas to eradicate PWN, as set out in points 2 to 10. Repealed
  24. 2When establishing a demarcated area, the Member State concerned shall immediately, in that area, create a zone with a minimum radius of 500 m around each susceptible plant in which PWN has been found to be present, hereinafter ‘the clear-cut zone’. The actual radius of that zone shall be determined, for each susceptible plant in which PWN has been found to be present, based on the risk of transmission of PWN by the vector further than 500 m away from that susceptible plant. Repealed
  25. 3Where a Member State concludes that creation of a 500 m-radius clear-cut zone, as referred to in point 2, has unacceptable social or environmental impacts, the minimum radius of the clear-cut zone may be reduced to 100 m around each susceptible plant in which PWN has been found to be present. Repealed
  26. 4Where point 3 applies, each susceptible plant exempted from felling and located between 100 and 500 m from the susceptible plants in which PWN has been found to be present, shall be inspected before, during and after the flight season of the vectors, for signs or symptoms of the presence of PWN. Repealed
  27. 5Where a Member State has evidence that the vector has not been present in the area concerned for the last 3 years, based on surveys carried out for the presence of the vector in accordance with FAO International Standard for Phytosanitary Measures No 4 and taking into account the dispersal capacity of the vectors, the minimum radius of the clear-cut zone shall be 100 m around each susceptible plant in which PWN has been found to be present. Repealed
  28. 6Division 6 Repealed
  29. 7Member States shall, throughout the demarcated area, identify and fell all susceptible plants in which PWN has been found to be present, and those which are dead, in poor health or affected by fire or storm. They shall remove and dispose of plants felled and logging remains, taking all necessary precautions to avoid spreading of PWN and its vector until the end of felling. They shall respect the following conditions: Repealed
  30. 8As regards susceptible wood identified in the demarcated area during the flight season of the vector, as referred to in point 7(b), Member States shall strip logs of felled susceptible plants of their bark, or treat those logs with an insecticide known to be effective against the vector or cover those logs with an insect net drenched with such an insecticide immediately after felling. After stripping, treating or covering, the susceptible wood shall, under official supervision, immediately be moved to a storage place or to an authorised treatment facility. Wood, which was not stripped of its bark, shall, immediately, at its storage place or at the authorised treatment facility, once more, be treated with an insecticide known to be effective against the vector or covered with an insect net drenched in such an insecticide. Repealed
  31. 8aBy way of derogation from point 7(b), where a Member State concludes that felling and removal of susceptible plants affected by fire or storm, during the flight season of the vector, is inappropriate, the Member State concerned may decide to proceed with the felling and removal of those plants before the start of the next flight season. Repealed
  32. 9Division 9 Repealed
  33. 9aDivision 9a Repealed
  34. 10Division 10 Repealed
  35. Annex II: Containment measures provided for in Article 7 Repealed
  36. 1Member States shall in accordance with Article 7 take measures in the demarcated areas, which shall have a buffer zone having a width of at least 20 km, to contain PWN, as set out in points 2 and 3. Repealed
  37. 2Division 2 Repealed
  38. 3Member States shall take the following measures in the buffer zones: Repealed
  39. 3aDivision 3a Repealed
  40. 4Division 4 Repealed
  41. Annex III: Conditions for movement of susceptible plants and susceptible wood and bark within the Union, as provided for in Article 10 Repealed
  42. SECTION 1Conditions for movement of susceptible plants and susceptible wood and bark from demarcated areas into areas other than demarcated areas and from infested zones into buffer zones Repealed
  43. 1Susceptible plants may be moved provided that those plants fulfil the following conditions: Repealed
  44. 2Susceptible wood and bark, with exception of wood packaging material, may be moved provided that that wood or bark fulfils the following conditions: Repealed
  45. 3Susceptible wood in the form of wood packaging material may be moved provided that that wood packaging material fulfils the following conditions: Repealed
  46. 4By way of derogation from points 2 and 3, susceptible wood may be moved out of the demarcated area, or out of the infested zone into the buffer zone, to the authorised treatment facility located at the shortest distance from that demarcated area or infested zone for immediate treatment where no appropriate treatment facility is located inside that area or zone. Repealed
  47. 5Division 5 Repealed
  48. SECTION 2Conditions for movement of susceptible plants and susceptible wood and bark within infested zones subject to eradication measures Repealed
  49. 1Division 1 Repealed
  50. 2Susceptible wood and bark may be moved in order for that wood or bark to be subjected to one of the following treatments: Repealed
  51. 3Division 3 Repealed

1DefinitionsF1

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2Surveys in areas in which PWN is not known to occurF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Laboratory testingF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Contingency plansF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Demarcated areasF1

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6EradicationF1

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7ContainmentF1

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8Information of the operators and the publicF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9Communication on national measuresF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10Movement of susceptible plants and susceptible wood and bark within the UnionF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11Checks concerning movements from demarcated areas to areas other than demarcated areas and from infested zones to buffer zonesF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12Measures in case of non-compliance with Article 10F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13Authorisation of treatment facilitiesF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14Marking authorisationF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15Supervision of authorised treatment facilities and authorised wood packaging material producersF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16Withdrawal of authorisations of authorised treatment facilities and authorised wood packaging material producersF1

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17List of authorised treatment facilities and authorised wood packaging material producersF1

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18RepealF1

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19ReviewF1

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20Date of applicationF1

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21AddresseesF1

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1Member States shall in accordance with Article 6 take measures in the demarcated areas to eradicate PWN, as set out in points 2 to 10.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2When establishing a demarcated area, the Member State concerned shall immediately, in that area, create a zone with a minimum radius of 500 m around each susceptible plant in which PWN has been found to be present, hereinafter ‘the clear-cut zone’. The actual radius of that zone shall be determined, for each susceptible plant in which PWN has been found to be present, based on the risk of transmission of PWN by the vector further than 500 m away from that susceptible plant.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Where a Member State concludes that creation of a 500 m-radius clear-cut zone, as referred to in point 2, has unacceptable social or environmental impacts, the minimum radius of the clear-cut zone may be reduced to 100 m around each susceptible plant in which PWN has been found to be present.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Where point 3 applies, each susceptible plant exempted from felling and located between 100 and 500 m from the susceptible plants in which PWN has been found to be present, shall be inspected before, during and after the flight season of the vectors, for signs or symptoms of the presence of PWN.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Where a Member State has evidence that the vector has not been present in the area concerned for the last 3 years, based on surveys carried out for the presence of the vector in accordance with FAO International Standard for Phytosanitary Measures No 4 and taking into account the dispersal capacity of the vectors, the minimum radius of the clear-cut zone shall be 100 m around each susceptible plant in which PWN has been found to be present.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6F1

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7Member States shall, throughout the demarcated area, identify and fell all susceptible plants in which PWN has been found to be present, and those which are dead, in poor health or affected by fire or storm. They shall remove and dispose of plants felled and logging remains, taking all necessary precautions to avoid spreading of PWN and its vector until the end of felling. They shall respect the following conditions:F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8As regards susceptible wood identified in the demarcated area during the flight season of the vector, as referred to in point 7(b), Member States shall strip logs of felled susceptible plants of their bark, or treat those logs with an insecticide known to be effective against the vector or cover those logs with an insect net drenched with such an insecticide immediately after felling. After stripping, treating or covering, the susceptible wood shall, under official supervision, immediately be moved to a storage place or to an authorised treatment facility. Wood, which was not stripped of its bark, shall, immediately, at its storage place or at the authorised treatment facility, once more, be treated with an insecticide known to be effective against the vector or covered with an insect net drenched in such an insecticide.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8aBy way of derogation from point 7(b), where a Member State concludes that felling and removal of susceptible plants affected by fire or storm, during the flight season of the vector, is inappropriate, the Member State concerned may decide to proceed with the felling and removal of those plants before the start of the next flight season.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9F1

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9aF1

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10F1

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1Member States shall in accordance with Article 7 take measures in the demarcated areas, which shall have a buffer zone having a width of at least 20 km, to contain PWN, as set out in points 2 and 3.F1

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2F1

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3Member States shall take the following measures in the buffer zones:F1

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3aF1

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4F1

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SECTION 1Conditions for movement of susceptible plants and susceptible wood and bark from demarcated areas into areas other than demarcated areas and from infested zones into buffer zonesF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1Susceptible plants may be moved provided that those plants fulfil the following conditions:F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2Susceptible wood and bark, with exception of wood packaging material, may be moved provided that that wood or bark fulfils the following conditions:F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Susceptible wood in the form of wood packaging material may be moved provided that that wood packaging material fulfils the following conditions:F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4By way of derogation from points 2 and 3, susceptible wood may be moved out of the demarcated area, or out of the infested zone into the buffer zone, to the authorised treatment facility located at the shortest distance from that demarcated area or infested zone for immediate treatment where no appropriate treatment facility is located inside that area or zone.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5F1

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SECTION 2Conditions for movement of susceptible plants and susceptible wood and bark within infested zones subject to eradication measuresF1

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1F1

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2Susceptible wood and bark may be moved in order for that wood or bark to be subjected to one of the following treatments:F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3F1

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