29.4.2004 EN Official Journal of the European Union L 127/97

COMMISSION DIRECTIVE 2004/70/EC of 28 April 2004 amending Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (6) By the Act of Accession of 2003, Malta was granted the status of a protected zone as regards Citrus tristeza virus (European strains) for a limited period of time expiring Having regard to the Treaty establishing the European on 31 March 2006. It is appropriate to amend the text Community, of Annex IV to reflect the changes made by the Act of Accession.

Having regard to Council Directive 2000/29/EC of 8 May 2000 (7) In the interest of clarity it is appropriate to combine in on protective measures against the introduction into the Com- one text some of the amendments made since 1 munity of organisms harmful to plants or plant products and November 2002. An appropriate period should be given against their spread within the Community (1), and in particular for the Member States to implement those provisions of points (c) and (d) of the second paragraph of Article 14 this Directive which do not reflect existing legislation. thereof,

(8) Directive 2000/29/EC should, therefore, be amended accordingly. Whereas:

(9) The measures provided for in this Directive are in (1) Article 20 of the Act of Accession of 2003, refers to accordance with the opinion of the Standing Committee Annex II to that Act, which contains adaptations to the on Plant Health, acquis required by accession. However, Annex II in prin- ciple only takes into account adaptations to acts adopted before the cut-off date for the accession negotiations, i.e. 1 November 2002. HAS ADOPTED THIS DIRECTIVE:

(2) It is however necessary to make additional adaptations to the acquis, in particular to acts adopted after that date as well as to acts which could not be included in Annex II or which, because of changed circumstances, require Article 1 new adaptations. Directive 2000/29/EC is amended as follows:

(3) Directive 2000/29/EC was amended at several occasions 1. Annexes I, II, III and IV are amended in accordance with after 1 November 2002 in respect of certain provisions Annex I to this Directive. that were adapted by the Act of Accession of 2003. 2. Part B of Annex IV is amended in accordance with Annex II to this Directive. (4) By the Act of Accession of 2003, Lithuania was granted the status of a protected zone as regards Beet necrotic yellow vein virus for a limited period of time expiring on 31 March 2006. It is appropriate to amend the text Article 2 of Annex IV to reflect the changes made by the Act of Accession. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Annex II to this Directive at the latest by 1 June 2004. They shall forthwith (5) By the Act of Accession of 2003, Latvia, Slovenia and communicate to the Commission the text of those provisions Slovakia were granted the status of a protected zone as and a correlation table between those provisions and this Direc- regards Globodera pallida (Stone) Behrens for a limited tive. period of time expiring on 31 March 2006. It is appro- priate to amend the text of Annex IV to reflect the changes made by the Act of Accession. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a refer- (1) OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commis- ence on the occasion of their official publication. Member sion Directive 2004/31/EC (OJ L 85, 23.3.2004, p. 18). States shall determine how such reference is to be made. L 127/98EN Official Journal of the European Union 29.4.2004

Article 3 This Directive shall enter into force subject to, and as from the date of, the entry into force of the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.

Article 4 This Directive is addressed to the Member States.

Done at Brussels, 28 April 2004.

For the Commission David BYRNE Member of the Commission 29.4.2004 EN Official Journal of the European Union L 127/99

ANNEX I

Annexes I, II, III and IV to Directive 2000/29/EC are amended as follows:

1. In Part B of Annex I, under heading (b), point 1 is replaced by the following:

‘1. Beet necrotic yellow vein virus DK, F (Britanny), FI, IRL, LT, P (Azores), UK (Northern Ireland)’

2. In Part B of Annex II, under heading (b), point 2 is replaced by the following:

‘2. Erwinia amylovora (Burr.) Winsl. et al. Parts of plants, other than fruit, seeds and E, F (Corsica), IRL, I (Abruzzi; Apulia; Basilicata; plants intended for planting, but including live Calabria; Campania; Emilia-Romagna: provinces pollen for pollination of Amelanchier Med., of Forlí-Cesena, Parma, Piacenza and Rimini; Chaenomeles Lindl., Cotoneaster Ehrh., Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Crataegus L., Cydonia Mill., Eriobotrya Lindl., Marche; Molise; Piedmont; Sardinia; Sicily; Tren- Malus Mill., Mespilus L., Photinia davidiana tino-Alto Adige: autonomous province of (Dcne.) Cardot, Pyracantha Roem., Pyrus L. Trento; Tuscany; Umbria; Valle d'Aosta; : and Sorbus L. except in the province of the communes Rovigo, , , Fratta , , , , , , Arquà Polesine, , , , , , , , , , , , , , Canaro, Lusia, , , , , and in the province of Padova the communes , Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of the communes Palù, , , Castag- naro, Ronco all'Adige, , , Terrazzo, , Angiari), LV, LT, A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, SI, SK, FI, UK (Northern Ireland, Isle of Man and Channel Islands)’

3. Part B of Annex III is amended as follows:

(a) point 1 is replaced by the following:

‘1. Without prejudice to the prohibitions applicable to the plants listed in E, F (Corsica), IRL, I (Abruzzi; Apulia; Basilicata; Calabria; Annex IIIA(9), (9.1), (18), where appropriate, plants and live pollen Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, for pollination of: Amelanchier Med., Chaenomeles Lindl., Crataegus Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Pyra- Lombardy; Marche; Molise; Piedmont; Sardinia; Sicily; Trentino- cantha Roem., Pyrus L. and Sorbus L., other than fruit and seeds, Alto Adige: autonomous province of Trento; Tuscany; Umbria; originating in third countries other than Switzerland and other than Valle d'Aosta; Veneto: except in the the those recognised as being free from Erwinia amylovora (Burr.) Winsl. communes Rovigo, Polesella, Villamarzana, , San et al. in accordance with the procedure laid down in Article 18(2), or Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, in which pest free areas have been established in relation to Erwinia Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, amylovora (Burr.) Winsl. et al. in accordance with the relevant Interna- Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del tional Standard for Phytosanitary Measures and recognised as such in Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giac- accordance with the procedure laid down in Article 18(2) ciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castel- baldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the the communes Palù, Roverchiara, Legnago, , Ronco all'Adige, Villa Barto- lomea, Oppeano, Terrazzo, Isola Rizza, Angiari), LV, LT, A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, SI, SK, FI, UK (Northern Ireland, Isle of Man and Channel Islands)’ L 127/100EN Official Journal of the European Union 29.4.2004

(b) point 2 is replaced by the following:

‘2. Without prejudice to the prohibitions applicable to the plants listed in E, F (Corsica), IRL, I (Abruzzi; Apulia; Basilicata; Calabria; Annex IIIA(9), (9.1), (18), where appropriate, plants and live pollen Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, for pollination of: Cotoneaster Ehrh. and Photinia davidiana (Dcne.) Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Cardot, other than fruit and seeds, originating in third countries other Lombardy; Marche; Molise; Piedmont; Sardinia; Sicily; Trentino- than those recognised as being free from Erwinia amylovora (Burr.) Alto Adige: autonomous province of Trento; Tuscany; Umbria; Winsl. et al. in accordance with the procedure laid down in Article Valle d'Aosta; Veneto: except in the province of Rovigo the 18(2), or in which pest free areas have been established in relation to communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Erwinia amylovora (Burr.) Winsl. et al. in accordance with the relevant Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, International Standard for Phytosanitary Measures and recognised as Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, such in accordance with the procedure laid down in Article 18(2) Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giac- ciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castel- baldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Barto- lomea, Oppeano, Terrazzo, Isola Rizza, Angiari), LV, LT, A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, SI, SK, FI, UK (Northern Ireland, Isle of Man and Channel Islands)’

4. Part B of Annex IV is amended as follows:

(a) in the right hand column of point 20.1, the text is replaced by the following:

‘DK, F (Britanny), FI, IRL, P (Azores), UK (Northern Ireland)’

(b) in the right hand column of point 20.2, the text is replaced by the following:

‘DK, F (Britanny), FI, IRL, P (Azores), UK (Northern Ireland)’

(c) point 21 is replaced by the following:

‘21. Plants and live pollen for pollination of: Without prejudice to the prohibitions E, F (Corsica), IRL, I (Abruzzi; Apulia; Basili- Amelanchier Med., Chaenomeles Lindl., applicable to the plants listed in Annex cata; Calabria; Campania; Emilia-Romagna: Cotoneaster Ehrh., Crataegus L., Cydonia IIIA(9), (9.1), (18) and IIIB(1), where appro- provinces of Forlí-Cesena, Parma, Piacenza Mill., Eriobotrya Lindl., Malus Mill., priate, official statement that: and Rimini; Friuli-Venezia Giulia; Lazio; Mespilus L., Photinia davidiana (Dcne.) Liguria; Lombardy; Marche; Molise; Piedmont; a) the plants originate in third countries Cardot, Pyracantha Roem., Pyrus L. and recognised as being free from Erwinia Sardinia; Sicily; Trentino-Alto Adige: autono- Sorbus L., other than fruit and seeds mous province of Trento; Tuscany; Umbria; amylovora (Burr.) Winsl. et al. in accord- ance with the procedure laid down in Valle d'Aosta; Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Article 18(2), Villamarzana, Fratta Polesine, San Bellino, or Badia Polesine, Trecenta, Ceneselli, Pontecchio b) the plants originate in pest free areas in Polesine, Arquà Polesine, Costa di Rovigo, third countries which have been estab- Occhiobello, Lendinara, Canda, Ficarolo, lished in relation to Erwinia amylovora Guarda Veneta, Frassinelle Polesine, Villanova (Burr.) Winsl. et al. in accordance with del Ghebbo, Fiesso Umbertiano, Castelgu- the relevant International Standard for glielmo, Bagnolo di Po, Giacciano con Baru- Phytosanitary Measures and recognised chella, Bosaro, Canaro, Lusia, Pincara, Stienta, as such in accordance with the procedure Gaiba, Salara, and in the province of Padova laid down in Article 18(2), the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, or Masi, and in the province of Verona the c) the plants originate in one of the communes Palù, Roverchiara, Legnago, following Cantons of Switzerland: Berne Castagnaro, Ronco all'Adige, Villa Barto- (with the exceptions of the districts of lomea, Oppeano, Terrazzo, Isola Rizza, Signau and Trachselwald), Fribourg, Angiari), LV, LT, A (Burgenland, Carinthia, Grisons, Ticino, Vaud, Valais, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, SI, SK, FI, UK or (Northern Ireland, Isle of Man and Channel d) the plants originate in the protected Islands)’ zones listed in the right-hand column, or 29.4.2004 EN Official Journal of the European Union L 127/101

e) the plants have been produced, or, if moved into a “buffer zone”, kept and maintained for a period of at least 7 months including the period 1 April to 31 October of the last complete cycle of vegetation, on a field: aa) located at least 1 km inside the border of an officially designated “buffer zone” of at least 50 km2 where host plants are subject to an officially approved and supervised control regime established at the latest before the beginning of the complete cycle of vegetation preceding the last complete cycle of vegetation, with the object of mini- mising the risk of Erwinia amylovora (Burr.) Winsl. et al. being spread from the plants grown there. Details of the description of this “buffer zone” shall be kept available to the Commission and to other Member States. Once the “buffer zone” is established, official inspections shall be carried out in the zone not comprising the field and its surrounding zone of 500 m width, at least once since the beginning of the last complete cycle of vegetation at the most appropriate time, and all host plants showing symptoms of Erwinia amylovora (Burr.) Winsl. et al. should be removed immediately. The results of these inspections shall be supplied by 1 May each year to the Commission and to other Member States, and bb) which has been officially approved, as well as the “buffer zone”, before the beginning of the complete cycle of vegetation preceding the last complete cycle of vegetation, for the cultivation of plants under the requirements laid down in this point, and cc) which, as well as the surrounding zone of a width of at least 500 m, has been found free from Erwinia amylovora (Burr.) Winsl. et al. since the beginning of the last complete cycle of vegetation, at official inspec- tion carried out at least: — twice in the field at the most appropriate time, i.e. once during June to August and once during August to November; and — once in the said surrounding zone at the most appropriate time, i.e. during August to November, and L 127/102EN Official Journal of the European Union 29.4.2004

dd) from which plants were officially tested for latent infections in accord- ance with an appropriate laboratory method on samples officially drawn at the most appropriate period.

Between 1 April 2004 and 1 April 2005, these provisions shall not apply to plants moved into and within the protected zones listed in the right-hand column which have been produced and maintained on fields located in officially designated “buffer zones”, according to the relevant require- ments applicable before 1 April 2004.

(d) point 21.3 is replaced by the following: ‘21.3 From 15 March to 30 June, beehives There shall be documented evidence that the E, F (Corsica), IRL, I (Abruzzi; Apulia; Basili- beehives: cata; Calabria; Campania; Emilia-Romagna: a) originate in third countries recognised as provinces of Forlí-Cesena, Parma, Piacenza being free from Erwinia amylovora and Rimini; Friuli-Venezia Giulia; Lazio; (Burr.) Winsl. et al. in accordance with Liguria; Lombardy; Marche; Molise; Piedmont; the procedure laid down in Article 18(2), Sardinia; Sicily; Tuscany; Umbria; Valle d'Aosta; Veneto: except in the province of or Rovigo the communes Rovigo, Polesella, b) originate in one of the following Cantons Villamarzana, Fratta Polesine, San Bellino, of Switzerland: Berne (with the excep- Badia Polesine, Trecenta, Ceneselli, Pontecchio tions of the districts of Signau and Trach- Polesine, Arquà Polesine, Costa di Rovigo, selwald), Fribourg, Grisons, Ticino, Vaud, Occhiobello, Lendinara, Canda, Ficarolo, Valais, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelgu- or glielmo, Bagnolo di Po, Giacciano con Baru- c) originate in the protected zones listed in chella, Bosaro, Canaro, Lusia, Pincara, Stienta, the right-hand column, Gaiba, Salara, and in the province of Padova the communes Castelbaldo, Barbona, Piacenza or d'Adige, Vescovana, S. Urbano, Boara Pisani, d) have undergone an appropriate quaran- Masi, and in the province of Verona the tine measure before being moved. communes Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Barto- lomea, Oppeano, Terrazzo, Isola Rizza, Angiari), LV, LT, A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, SI, SK, FI, UK (Northern Ireland, Isle of Man and Channel Islands)’

(e) in the right hand column of point 22, the text is replaced by the following: ‘DK, F (Britanny), FI, IRL, P (Azores), UK (Northern Ireland)’ (f) in the right hand column of point 23, the text is replaced by the following: ‘DK, F (Britanny), FI, IRL, P (Azores), UK (Northern Ireland)’ (g) in the right hand column of point 25, the text is replaced by the following: ‘DK, F (Britanny), FI, IRL, P (Azores), UK (Northern Ireland)’ (h) in the right hand column of point 26, the text is replaced by the following: ‘DK, F (Britanny), FI, IRL, P (Azores), UK (Northern Ireland)’ (i) in the right hand column of point 27.1, the text is replaced by the following: ‘DK, F (Britanny), FI, IRL, P (Azores), UK (Northern Ireland)’ (j) in the right hand column of point 27.2, the text is replaced by the following: ‘DK, F (Britanny), FI, IRL, P (Azores), UK (Northern Ireland)’ (k) in the right hand column of point 30, the text is replaced by the following: ‘DK, F (Britanny), FI, IRL, P (Azores), UK (Northern Ireland)’ 29.4.2004 EN Official Journal of the European Union L 127/103

ANNEX II

Part B of Annex IV to Directive 2000/29/EC is amended as follows: (a) in the right hand column of point 20.1, the text is replaced by the following: ‘DK, F (Britanny), FI, IRL, P (Azores), LT, UK (Northern Ireland)’ (b) in the right hand column of point 20.2, the text is replaced by the following: ‘DK, F (Britanny), FI, IRL, P (Azores), LT, UK (Northern Ireland)’ (c) in the right hand column of point 20.3, the text is replaced by the following: ‘LV, SI, SK, FI’ (d) in the right hand column of point 22, the text is replaced by the following: ‘DK, F (Britanny), FI, IRL, P (Azores), LT, UK (Northern Ireland)’ (e) in the right hand column of point 23, the text is replaced by the following: ‘DK, F (Britanny), FI, IRL, P (Azores), LT, UK (Northern Ireland)’ (f) in the right hand column of point 25, the text is replaced by the following: ‘DK, F (Britanny), FI, IRL, P (Azores), LT, UK (Northern Ireland)’ (g) in the right hand column of point 26, the text is replaced by the following: ‘DK, F (Britanny), FI, IRL, P (Azores), LT, UK (Northern Ireland)’ (h) in the right hand column of point 27.1, the text is replaced by the following: ‘DK, F (Britanny), FI, IRL, P (Azores), LT, UK (Northern Ireland)’ (i) in the right hand column of point 27.2, the text is replaced by the following: ‘DK, F (Britanny), FI, IRL, P (Azores), LT, UK (Northern Ireland)’ (j) in the right hand column of point 30, the text is replaced by the following: ‘DK, F (Britanny), FI, IRL, P (Azores), LT, UK (Northern Ireland)’ (k) point 31 is replaced by the following:

‘31. Fruits of Citrus L., Fortunella Without prejudice to the require- EL, F (Corsica), I, M, P’ Swingle, Poncirus Raf., and their ments applicable to the fruit in hybrids originating in E, F Annex IV(A)(II)(30.1): (except Corsica) and CY (a) the fruits shall be free from leaves and peduncles; or (b) in the case of fruits with leaves or peduncles, official statement that the fruits are packed in closed containers which have been officially sealed and shall remain sealed during their transport through a protected zone, recognised for these fruits, and shall bear a distinguishing mark to be reported on the passport.