17 . 4 . 80 Official Journal of the European Communities No L 100/35

COUNCIL DIRECTIVE of 18 March 1980 amending the Annexes to Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to or products

(80/393 / EEC)

THE COUNCIL OF THE EUROPEAN Whereas any risk should be prevented which may COMMUNITIES , arise from the introduction on potato breeding material , of harmful organisms unknown in the Having regard to the Treaty establishing the Euro­ Community ; whereas, therefore, the protective pean Economic Community , measures laid down in this connection in Annex III (A) should be extended ; Having regard to Council Directive 77 /93 /EEC of 21 December 1976 on protective measures against Whereas the measures laid down in the said Direc­ the introduction into the Member States of organ­ tive in the case of oak wood in the round , against isms harmful to plants or plant products ( J ), and in the introduction of oak wilt (Ceratocystis faga­ particular Article 13 thereof, cearum) into the Community have on the one hand proved insufficientand , on the other unnecessarily Having regard to the prosposal from the Commis­ strict ; whereas therefore , the ' special requirements ' sion , established in respect of this disease (Annex IV (A) (2)) should take into account the technical safe­ Whereas, in the interests of ^ uniform implementa­ guards which have been recognized since then ; tion of Directive 77/93/EEC the term 'harmful viruses and mycoplasmas' of plants (in parti­ Whereas it is appropriate , furthermore , to clarify cer­ cular Annex I (A) (e) ( 1 )) should be clarified at tain provisions of the Annexes to the Directive and Community level ; whereas, therefore, an amend­ to eliminate some ambiguities, ment to Annex I (A) (e) and to Annex II (A) "( d) is necessary ; whereas the 'special requirements' (Annex IV (A)) established in regard to the harmful organisms concerned should be adapted accord­ ingly ;

HAS ADOPTED THIS DIRECTIVE :

Article 1

Annex I to Directive 77/93 /EEC is hereby amended as follows :

1 . The following items shall be added to A (a):

' 17 . Arrhenodes minutus Drury , 18 . Pseudopityophthoru minutissimus Zimm ., 19 . Pseudopityophthoru pruinosus Eichh.';

2 . (A) (e) ( 1 ) shall be replaced by the following :

' 1 . Harmful viruses and harmful virus-like pathogens of Cydonia Mill ., Fragaria (Tourn .) L. , Malus Mill ., L. , Pyrus L. , Ribes L. , Rubus L. :

(a) apple proliferation mycoplasm , (b) apricot chlorotic leafroll mycoplasm , (c) raspleaf virus (American), ( d) peach mosaic virus ( American), ( e) peach phony rickettsia,

(^ OJ No L26 , 31 . 1 . 1977 , p. 20 . No L 100/36 Official Journal of the European Communities 17 . 4 . 80

(f) peach rosette mycoplasm , (g) peach yellows mycoplasm , (h ) pear decline mycoplasm , ( i ) plum line pattern virus (American), ( k) raspberry curl virus (American), ( l ) sharka virus , (m)strawberry latent " C" virus , (n) strawberry vein-banding virus , (o) strawberry witches' broom pathogen, (p) X-disease mycoplasm, (q) other harmful viruses and harmful virus-like pathogens , in so far as they do not exist in the Community.';

3 . In ( B) (c) (6) and (7), the words ' United Kingdom ( Northern Ireland)' shall be added in the right-hand column .

Article 2

Annex II to Directive 77/93 /.EEC is hereby amended as follows : 1 . In (A) (a) (9), the text of the right-hand column shall be replaced by the following : ' Wood of conifers (coniferae), with bark, originating in non-European countries'; 2 . In the English version of (A) (c) (3), the words ' Irish rhizomes ' shall be replaced by ' Iris bulbs'; 3 . In the English version of (A) (c) ( 10), the words ' corms' shall be replaced by ' Flower bulbs'; 4 . In the Italian version of (A) the third table shall be entitled '(c) Crittogame ' instead of '(d) Virus e micoplasmi';

5 . (A) (d) shall be replaced by the following : '(d) Viruses and virus-like pathogens :

Species Subject of contamination

1 . Arabis mosaic virus Strawberries (Fragaria (Tourn .) L.) blackberries/raspberries ( Rubus L. partim), intended for planting, other than seeds

2 . Beet leaf curl virus Beet ( Beta vulgaris L.), intended for plant­ ing, other than seeds

3 . Black raspberry latent virus Rubus L. , intended for planting

4 . Cherry leaf roll virus Rubus L. , intended for planting

5 . Cherry necrotic rusty mottle virus Sweet (Prunus avium L.), intended for planting, other than seeds

6 . Chrysanthemum stunt viroid Chrysanthemums (Chrysanthemum Tourn . ex . L. partim), other than seeds and cut 17 . 4 . 80 Official Journal of the European Communities No L 100/37

Species Subject of contamination

7 . Little cherry pathogen Morello cherries ( Prunus cerasus L.), sweet cherries ( Prunus avium L.), ornamental cher­ ries ( Thunb .; Prunus sargentii Rehd .; Prunus serrula Franch .; Prunus serru­ lata Lindl. ; Prunus speciosa ( Koidz .) Ingram ; Miq .; Prunus yedoensis Matsum .), intended for planting , other than seeds , originating in non-Euro­ pean countries

8 . Prunus necrotic ring spot virus Rubus L. , intended for planting

9 . Raspberry ring spot virus Strawberries ( Fragaria (Tourn .) L. ), blackber­ ries/raspberries ( Rubus L. partim), intended for planting , other than seeds

10 . Stolbur pathogen Solanaceae , intended for planting, other than fruit and seeds

1 1 . Strawberry crinkle virus Strawberries ( Fragaria (Tourn .) L.) intended for planting, other than seeds

12 . Strawberry latent ring spot virus Strawberries (Fragaria (Tourn.) L.), blackber­ ries/raspberries (Rubus L. partim), intended for planting, other than seeds

13 . Strawberry yellow edge virus Strawberries (Fragaria (Tourn.) L.) intended for planting, other than seeds

14 . Tomato black ring virus Strawberries (Fragaria (Tourn.) L.), blackber­ ries/raspberries (Rubus L. partim), intended for planting, other than seeds

15 . Tomato spotted wilt virus Potato tubers (Solanum tuberosum L.)'

6 . In ( B) (c) (7), the words ' United Kingdom ( Northern Ireland)' shall be added in the right-hand column .

Article 3

Annex III to Directive 77/93 /EEC is hereby amended as follows :

1 . In (A) (5 ), the text of the right hand column shall be replaced by the following :

' Non-European countries';

2 . (A) (6) shall be replaced by the following :

'6 . Isolated bark of Castanea Mill . All countries' ;

3 . In (A), the following shall be inserted :

'6a . Isolated bark of Quercus L. , other North American countries , than Quercus suber L. Romania, USSR' ; No L 100/38 Official Journal of the European Communities 17 . 4 . 80

4 . (A) (9) shall be replaced by the following :

'9 . Plants of tuberforming species of All countries'; Solanum L. , intended for planting, other than potato tubers (Solanum tuberosum L. )

5 . In ( B) (7 ), the words ' United Kingdom ( Northern Ireland)' shall be added in the right-hand column .

Article 4

Annex IV of Directive 77 /93 /EEC is hereby amended as follows :

1 . In (A) ( 1 ), the text in the left-hand column shall be replaced by the following :

' 1 . Wood of conifers (Coniferae), on r ginating in non-European coun­ tries'

2 . (A) (2) shall be replaced by the following :

'2 . Wood of Castanea and Quercus, in­ The wood shall be stripped of its bark, and cluding wood which has not kept its natural round surface, originat­ (a) either the wood shall be squared so as to ing in North American countries remove entirely the rounded surface, or (b) official statement that the water con­ tent of the wood does not exceed 20 % expressed as a percentage of the dry mat­ ter, or

(c) official statement that the wood has been disinfected by an appropriate hot­ air or hot-water treatment' ;

3 . In (A) (3), the text of the right-hand column shall be replaced by the following :

'(a) Official statement that the wood origin­ ates in regions known to be free from Ophiostoma roboris and Endothia para­ sitica, or (b) the wood shall be stripped of its bark, and also either

(aa) the wood shall be squared so as to entirely remove the rounded sur­ face,

(bb) official statement that the water content of the wood does not ex­ ceed 20 % expressed as a percen­ tage of the dry matter, or

(cc) official statement that the wood has been disinfected by an appropriate hot-air or hot-water treatment' ; 17 . 4 . 80 Official Journal of the European Communities No L 100/39

4 . In the German version of (A) (4), the word * oder' shall be added in the right-hand column between the text of (a) and that of (b) ;

5 . In (A), the following shall be inserted :

'6a . Isolated bark of Quercus L. , other Official statement, that the bark originates in than Quercus suber L. , originating regions known to be free from Endothia para­ in countries other than Romania, sitica' ; USSR and North American coun­ tries

6 . In (A) (7) (a), (8) to ( 11 ) and ( 12) (a),- the words ' or in its immediate vicinity' shall be added each time after the words ' at the place of production';

7 . In (A) (9) (a), the second indent shall be deleted in the right-hand column ;

8 . In (A) ( 14), the words 'the Ulmaceae family' shall be replaced by ' Ulmus and Zel­ kova';

9 . (A) ( 16) to (21 ) shall be replaced by the following :

' 16 . Plants of Cydonia Mill ., Fragaria Official statement that no symptoms of dis­ (Tourn .) L. , Malus Mill ., Prunus L. , eases caused by the relevant harmful organ­ Pyrus L. , Ribes L. , Rosa L. , Rubus isms have been observed on plants at the L. , intended for planting, other than place of production since the beginning of seeds , originating in countries the last complete cycle of vegetation where the relevant harmful organ­ isms are known to occur on the spe­ cies concerned

The relevant harmful organisms are :

— on Fragaria (Tourn .) L. : Phytophthora fragariae Hick­ mann (Annex II (A) (c) (7)) Arabis mosaic virus (Annex II (A) (d)(1 )) Raspberry ring spot virus (An­ nex II (A) (d) Strawberry latent ring spot virus (Annex II (A) (d) ( 12)) Tomato black ring virus (An­ nex II (A) (d) ( 14))

— on Prunus L. : Apricot chlorotic leafroll myco­ plasm (Annex I (A) (e) ( 1 ) (b))

— on Prunus avium L. : Cherry necrotic rusty mottle vi­ rus (Annex II (A) (d) (5))

— on Rosa L. : Rose wilt (Annex I (A) (e) (3 )) No L 100/40 Official Journal of the European Communities 17 . 4 . 80

— on Rubus L. : Arabis mosaic virus (Annex II (A) (d) ( 1 )) Raspberry ring spot virus (An­ nex II (A) (d) (9)) Strawberry latent ring spot virus (Annex II (A) (d) (12)) Tomato black ring virus (An­ nex II (A) (d) ( 14))

— on all species : Harmful organisms mentioned under Annex I (A) (e) ( 1 ) (q)

16a . Plants of Cydonia oblonga Mill ., Without prejudice to the requirements appli­ Pyrus communis L. , intended for cable to plants , where appropriate, under planting, other than seeds , origina­ ( 16), official statement that plants at the tion in countries where Pear decline place of production and in its immediate vi­ mycoplasm (Annex I (A) (e) ( 1 ) (h)) cinity , which have shown symptoms giving is known to occur rise to the suspicion of contamination by pear decline mycoplasm , have been rogued out at that place within the last three com­ plete cycles of vegetation

16b . Plants of Fragaria (Tourn .) L. , in­ Without prejudice to the requirements appli­ tended for planting, other than cable to plants , where appropriate , under seeds , originating in countries ( 16), official statement : where the relevant harmful organ­ isms are known to occur (a) that the plants, other than those raised from seed, have been : The relevant harmful organisms are : — either officially certified under a certi­ fication scheme requiring them to be Strawberry latent ' C' virus (Annex I derived in a direct line from material (A) (e)(1 ) (m)) which has been maintained under ap­ Strawberry vein-banding virus (An­ propriate conditions and subjected to nex I (A) (e)(1 ) (n)) official testing for at least the relevant harmful organisms using appropriate Strawberry witches' broom patho­ indicators or equivalent methods and gen (Annex I (A) (e) ( 1 ) (o)) has been found free , in these tests , Strawberry crinkle virus (Annex II from those harmful organisms ( A) (d) ( 11 )) Strawberry yellow edge virus (An­ — or derived in a direct line from materi­ nex II (A) (d) ( 13)) al which is maintained under appro­ priate conditions and has been sub­ jected, within the last three complete cycles of vegetation, at least once, to official testing, for at least the rele­ vant harmful organisms using appro­ priate indicators or equivalent meth­ ods and has been found free , in these tests, from those harmful organisms (b) that no symptoms of diseases caused by the relevant harmful organisms specified under ( 16b) have been observed on plants at the place of production, or on suscepti­ ble plants in its immediate vicinity, since the beginning of the last complete cycle of vegetation 17 . 4 . 80 = Official Journal of the European Communities No L 100/41

17 . Plants of Malus pumila (Willd.), in­ Without prejudice to the requirements appli­ tended for planting, other than cable to the plants, where appropriate, under seeds, originating in countries ( 16) or ( 18) where Apple proliferation myco­ Official statement : plasm (Annex I (A) (e) ( 1 ) (a)) is known to occur 1 . that the plants originate in regions known to be free from Apple proliferation myco­ plasm, or

2 . that :

(a) the plants , other than those raised from seed, have been :

— either officially certified under a certification scheme requiring them to be derived in a direct line from material which has been maintained under appropriate conditions and subjected to offi­ cial testing for at least Apple proli­ feration mycoplasm using appro­ priate indicators or equivalent methods and has been found free, in these tests, from that harmful organism , or

— derived in a direct line from mate­ rial which is maintained under ap­ propriate conditions and has been subjected, within the last six com­ plete cycles of vegetation , at least once, to official testing for at least Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free, in these tests , from that harmful organism (b) no symptoms of diseases caused by Apple proliferation mycoplasm have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three com­ plete cycles of vegetation

18 . Plants of Malus Mill ., intended for Without prejudice to the requirements appli­ planting , other than seeds , originat­ cable to the plants , where appropriate, under ing in countries where the relevant ( 16) or ( 17), harmful organisms are known to Official statement : occur on Malus Mill . (a) that the plants have been : The relevant harmful organisms — either officially certified under a certi­ are : fication schemd requiring them to be Cherry raspleaf virus (American) derived in a direct line from material (Annex I (A) (e) ( 1 ) (c)) which has been maintained under ap­ propriate conditions and subjected to Tomato ring spot virus (Annex I official testing for at least the relevant (A) (e) ( 5 )) harmful organisms using appropriate indicators or equivalent methods and has been found free , in these tests , from those harmful organisms , or No L 100/42 Official Journal of the European Communities 17 . 4 . 80

— derived in a direct line from material which is maintained under appro­ priate conditions and has been sub­ jected, within the last three complete cycles of vegetation , at least once , to official testing for at least the relevant harmful organisms using appropriate indicators or equivalent methods and has been found free, in these tests , from those harmful organisms , (b) that no symptoms of diseases caused by the relevant harmful organisms specified under ( 18 ) have been observed on plants at the place of production or on suscepti­ ble plants in its immediate vicinity , since the beginning of the last three complete cycles of vegetation

19 . Plants of the following species of Without prejudice to the requirements appli­ Prunus, intended for planting, other cable to the plants , where appropriate , under than seeds, originating in countries ( 16) or (20), where Sharka virus (Annex I (A) (e) Official statement : ( 1 ) (1 )) is known to occur : (a) that the plants , other than those raised Prunus amygdalus Batsch from seed , have been : Prunus armeniaca L. Prunus blireiana Andre — either officially certified under a certi­ Prunus brigantina Vill . fication scheme requiring them to be Prunus cerasifera Ehrh . derived in a direct line from material Prunus cistena Hansen which has been maintained under ap­ Prunus curdica Fenzl and Fritsch . propriate conditions and subjected to Prunus domestica ssp . domestica L. official testing for at least Sharka virus Prunus domestica ssp . insititia (L.) using appropriate indicators or equi­ C.K. Schneid . valent methods and has been found Prunus domestica ssp . italica free, in these tests , from that harmful ( Borkh.) Hegi . organism Prunus glandulosa Thunb . Prunus holosericea Batal . — or derived in a direct line from materi­ Prunus hortulana Bailey al which is maintained under appro­ Prunus japonica Thunb . priate conditions and has been sub­ Prunus mandshurica ( Maxim.) jected , within the last three complete Koehne cycles of vegetation , at least once , to Prunus maritima Marsh . official testing for at least Sharka vi­ Prunus mume Sieb . and Zucc . rus using appropriate indicators or Prunus nigra Ait . equivalent methods and has been Prunus persica ( L.) Batsch found free, in these tests , from that Prunus salicina L. harmful organism Prunus sibirica L. Prunus simonii Carr. (b) no symptoms of disease caused by Shar­ Prunus spinosa L. ka virus have been observed on plants at Prunus tomentosa Thunb . the place of production or on susceptible Prunus triloba Lindl . plants in its immediate vicinity, since the Other species of Prunus L. suscepti­ beginning of the last three complete cy­ ble to Sharka virus cles of vegetation (c) that plants at the place of production which have shown symptoms of disease caused by other viruses or virus-like path­ ogens, have been rogued out 17 . 4 . 80 Official Journal of the European Communities No L 100/43

20 . Plants of Primus L. , intended for Without prejudice to the requirements appli­ planting cable to the plants , where appropriate , under ( 16) or ( 19), (a) originating in countries where Official statement : the relevant harmful organisms are known to occur on Prunus (a) that the plants have been : L. — either officially certified under a certi­ (b) other than seeds , originating in fication scheme requiring them to be countries where the relevant derived in a direct line from material harmful organisms are known to which has been maintained under ap­ occur propriate conditions and subjected to official testing for at least the relevant (c) other than seeds , originating in harmful organisms using appropriate non - European countries where indicators or equivalent methods and the relevant harmful organisms has been found free , in these tests , are known to occur from those harmful organisms , or

The relevant harmful organisms — derived in a direct line from material are : which is maintained under appro­ priate conditions and has been sub­ for the case under (a): jected , within the last three complete Tomato ring spot virus (Annex I cycles of vegetation , at least once, to (A) (e) (5 )) official testing for at least the relevant harmful organisms using appropriate for the case under (b): indicators or equivalent methods and Cherry raspleaf virus (Ameri­ has been found free , in these tests, can) (Annex I (A) (e) ( 1 ) (c)) from those harmful organisms Peach mosaic virus (American) (Annex I (A) (e) ( 1 ) (d)) (b) that no symptoms of diseases caused by Peach phony rickettsia (Annex I the relevant harmful organisms specified (A) (e) ( 1 ) (e)) under (20) have been observed on plants Peach rosette mycoplasm (An­ at the place of production or on suscepti­ nex I (A) (e) ( 1 ) (f)) ble plants in its immediate vicinity , since Peach yellows mycoplasm (An­ the beginning of the last three complete nex I (A) (e) ( 1 ) (g)) cycles of vegetation Plum line pattern virus (Ameri­ can) ( Annex I (A) (e) ( 1 ) (i)) X-disease mycoplasm (Annex I ( A) (e)(1 ) (p))

for the case under (c): Little cherry pathogen (An­ nex II (A) (d) (7 ))

21 . Plants of Rubus L. , intended for Without prejudice to the requirements appli­ planting cable to the plants , where appropriate , under ( 16 (a) originating in countries where the relevant harmful organisms (a) The plants shall be free from aphids , in­ are known to occur on Rubus L. cluding their eggs

(b) other than seeds, originating in (b) Official statement : countries where the relevant harmful organisms are known to (aa) that the plants have been : occur — either officially certified under a The relevant harmful organisms certification scheme requiring are : them to be derived in a direct line from material which has been No L 100/44 Official Journal of the European Communities 17 . 4 . 80

in the case of (a): maintained under appropriate Tomato ring spot virus (Annex I conditions and subjected to offi­ (A) (e) (5 )) cial testing for at least the rele­ Black raspberry latent virus vant harmful organisms using ap­ (Annex II (A) (d) (3 )) propriate indicators or equivalent Cherry leafroll virus (Annex II methods and has been found (A) (d) (4)) free , in these tests, from those Prunus necrotic ring spot virus harmful organisms (Annex II (A) (d) (8)) — or derived in a direct line from in the case of (b): material which is maintained un­ Raspberry leaf curl virus (Amer­ der appropriate conditions and ican) (Annex I (A) (e) ( 1 ) (k)) has been subjected, within the last three complete cycles of vegetation, at least once, to offi­ cial testing for at least the rele­ vant harmful organisms using appropriate indicators or equiva­ lent methods and has been found free, in these tests , from those harmful organisms (bb) that no symptoms of diseases caused by the relevant harmful organisms specified under (21 ) have been ob­ served on plants at the place of pro­ duction , or on susceptible plants in its immediate vicinity, since the be­ ginning of the last three complete cy­ cles of vegetation' ;

10 . (A) (22) shall be replaced by the previous Annex IV (A) (20);

1 1 . (A) (24) shall be replaced by the following :

'24 . Tubers of Solanum tuberosum ori­ Official statement : ginating outside the Community — that the tubers originate in regions known to be free from Synchytrium endobioti­ cum (all races other than the common European race)

— that no symptoms of Synchytrium endo­ bioticum have been observed either at the place of production or in its immediate vicinity since the beginning of an ade­ quate period , and

— that provisions recognized as equivalent to the Community provisions on combat­ ing Corynebacterium sepedonicum in accordance with the Article 16 procedure have been complied with in the country of origin if Corynebacterium sepedoni­ cum is known to occur in that country'; 17 . 4 . 80 Official Journal of the European Communities No L 100/45

12 . The following item shall be inserted :

24a . Potato tubers (solanum tuberosum Official statement that the tubers : L. ) intended for planting, other than those varieties officially ac­ — belong to advanced selections cepted in one or more Member States pursuant to Council Direc­ have been produced within the Commu­ tive 70/457 / EEC nity, and

— have been derived in a direct line from material which has been maintained un­ der appropriate conditions and has been subjected within the Community to offi­ cial quarantine testing in accordance with appropriate methods and has been found free, in these tests , from harmful organ­ isms';

13 . In the English version of IV (A) (30), the words ' and have been found free ' shall be replaced by 'which have been found free';

14 . In (A) (35), the text in the left-hand column shall be replaced by the following :

' Plants with soil attached, originating in non-European countries '

15 . In (A) (38), the words ' and that no symptoms have been ' shall be replaced by * and that no Ditylenchius dipsaci has been';

16 . In-(B ) ( 12 ) and ( 13 ), the words ' United Kingdom ( Northern Ireland)' shall be added in the right-hand column .

Article 5

Annex V to Directive 77/93 /EEC is hereby amended as follows : 1 . In (4) the first indent shall be replaced by the following :

'— Castanea, Quercus , including — where it originates in North American countries — wood which does not retain its natural round surface,

— Ulmus' ;

2 . The following shall be inserted :

'4a . Isolated bark of Quercus L. , other than Quercus suber L.'

Article 6

In the English version of Annex VIII ( B) the title of the certificate shall be replaced by the following :

'RE-FORWARDING PHYTOSANITARY CERTIFICATE'. No L 100/46 Official Journal of the European Communities 17 . 4 . 80

Article 7

Member States shall bring into force the laws , regulations or administrative provisions necessary to comply with : — Article 4 ( 11 ) by 1 January 1983 at the latest, — the other provision of this Directive by 1 May 1980 at the latest .

Article 8

This Directive is addressed to the Member States .

Done at Brussels , 18 March 1980 . For . the Council The President A. RUFFINI