{
  "url": "https://openlegislation.uk/eu-decision-2018-1203/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2018-1203/introduction.json",
  "legislation": "eudn/2018/1203",
  "legislation_title": "Commission Implementing Decision (EU) 2018/1203 of 21 August 2018 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 Commission Implementing Decision (EU) 2017/204 (notified under document C(2018) 5848)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2018-1203",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Implementing Decision (EU) 2018/1203\nof 21 August 2018\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 Commission Implementing Decision (EU) 2017/204\n(notified under document C(2018) 5848)\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)\nCommission Implementing Decision (EU) 2017/204 authorised Member States to provide for a temporary derogation from Article 5(1) of Directive 2000/29/EC in conjunction with point 2.3 of Section I of Part A to Annex IV to that Directive for special requirements concerning the introduction into the Union of ash (Fraxinus L.) wood originating in the United States of America.\n(3)\nImplementing Decision (EU) 2017/204 expired on 30 June 2018. It should therefore be succeeded by this Decision to ensure the continuation of introduction into the Union of that wood.\n(4)\nIn view of the experience gained during the application of Implementing Decision (EU) 2017/204, it is appropriate to continue applying its requirements under this Decision.\n(5)\nHowever, on the basis of information obtained during a Commission audit in the Unites States of America in January 2018, and of the information provided by the National Plant Protection Organization of the Unites States of America during and after that audit, it is appropriate to call for more stringent inspection and supervision of ash wood in the United States of America. For that purpose, specific conditions should be set out concerning audit of records, procedures and labelling, pre-shipment inspections and monitoring at approved sawmills.\n(6)\nFor a better assessment of how this Decision is applied, Member States should provide the Commission and the other Member States with information on the imports made.\n(7)\nFor reasons of clarity and legal certainty, Implementing Decision (EU) 2017/204 should be repealed.\n(8)\nThis Decision should apply until 30 June 2020, to allow for the review of its implementation by that time.\n(9)\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) 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.(OJ L 32, 7.2.2017, p. 35)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2018/1203/introduction",
    "retrieved_at": "2026-11-01T15:13:01.057976+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."
}