{
  "url": "https://openlegislation.uk/eu-decision-2017-204/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2017-204/introduction.json",
  "legislation": "eudn/2017/204",
  "legislation_title": "Commission Implementing Decision (EU) 2017/204 of 3 February 2017 authorising Member States to provide for a temporary derogation from certain provisions of Council Directive 2000/29/EC in respect of ash wood originating or processed in the United States of America, and repealing Implementing Decision (EU) 2015/2416 recognising certain areas of the United States of America as being free from Agrilus planipennis Fairmaire (notified under document C(2017) 420)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2017-204",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Implementing Decision (EU) 2017/204\nof 3 February 2017\nauthorising Member States to provide for a temporary derogation from certain provisions of Council Directive 2000/29/EC in respect of ash wood originating or processed in the United States of America, and repealing Implementing Decision (EU) 2015/2416 recognising certain areas of the United States of America as being free from Agrilus planipennis Fairmaire\n(notified under document C(2017) 420)\nTHE EUROPEAN COMMISSION,\nHaving regard to the Treaty on the Functioning of the European Union,\nHaving 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 the first indent of Article 15(1) and points 2.3, 2.4 and 2.5 of Section I of Part A of Annex IV thereto,\nWhereas:\n(1)\nArticle 5(1) of Directive 2000/29/EC, in conjunction with point 2.3 of Section I of Part A of Annex IV to that Directive, provides for special requirements concerning the introduction into the Union of ash (Fraxinus L.) wood, as well as certain other wood species, originating in the United States of America.\n(2)\nThe United States of America have requested the recognition of a combination of procedures that together ensure the same level of phytosanitary protection as that required pursuant to point 2.3 of Section I of Part A of Annex IV to Directive 2000/29/EC.\n(3)\nIt appears from the official information submitted by the United States of America that, through an integrated systems approach applied during wood processing, the risk of infestation from the harmful organism Agrilus planipennis Fairmaire is eliminated.\n(4)\nThat approach should be complemented by certain requirements for facilities, pre-export inspections and labelling to ensure the elimination of such risk.\n(5)\nThose procedures should therefore be recognized as an alternative option to point 2.3 of Section I of Part A of Annex IV to Directive 2000/29/EC for imports from the United States of America, and a derogation from Article 5(1) of Directive 2000/29/EC, in conjunction with point 2.3, of Section I of Part A of Annex IV to that Directive should be provided for.\n(6)\nIn order to ensure effective controls, as well as an overview of imports of ash wood and of non-compliances related to those imports, requirements should be set out concerning phytosanitary certificates, reporting of importation and notification of non-compliances.\n(7)\nIt is appropriate to limit the duration of the derogation to 30 June 2018 in order to ensure a timely review of the appropriateness of the measures of this Decision.\n(8)\nCommission Implementing Decision (EU) 2015/2416 recognised certain areas of the United States of America as being free from Agrilus planipennis Fairmaire for the purposes of the introduction into the Union of wood of Fraxinus L., and certain other wood species.\n(9)\nImplementing Decision (EU) 2015/2416 should be repealed since, based on information received from the United States competent authorities, the areas recognised as being free from Agrilus planipennis Fairmaire have proven not to be stable following the adoption of that Decision.\n(10)\nThe measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,\nHAS ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 169, 10.7.2000, p. 1."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Commission Implementing Decision (EU) 2015/2416 of 17 December 2015 recognising certain areas of the United States of America as being free from Agrilus planipennis Fairmaire (OJ L 333, 19.12.2015, p. 128)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2017/204/introduction",
    "retrieved_at": "2026-11-01T15:13:36.818522+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}