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THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having 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(1), and in particular points (c) and (d) of the second paragraph of Article 14 thereof,
Whereas:
(1) Directive 2000/29/EC stipulates that wood of conifers (Coniferales), except that of Thuja L., in the form of packing cases, crates, drums, pallets, box pallets or other load boards, dunnage, spacers and bearers including that which has not kept its natural round surface, originating in Canada, China, Japan, Korea, Taiwan and the USA shall be stripped of its bark, and shall be free from grub holes larger than 3 mm across, and shall have a moisture content expressed as a percentage of dry matter, of less than 20 %, achieved at the time of manufacture.
(2) The FAO International Standard for Phytosanitary Measures No 15 on Guidelines for regulating wood packaging material in international trade (2) contains phytosanitary measures in respect of movement of wood packaging material in the form of packing cases, crates, drums, pallets, load boards, pallet collars and dunnage, aiming at reducing the risk of introduction and/or spread of quarantine pests associated with wood packaging material, made of coniferous and non-coniferous raw wood, in use in international trade. The relevant provisions of Directive 2000/29/EC on wood packaging material should be brought in line with the provisions of the said Guidelines.
(3) The provisions for wood originating in countries where Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. is known to occur should be modified as new technical treatments against this pathogen became available.
(4) The provisions for wood originating in Russia, Kazakhstan, and Turkey and other third countries should be improved and adjusted to better protect the Community against the introduction of wood affecting harmful organisms and to take into account new technical treatments, which recently became available against wood affecting harmful organisms.
(5) These improved measures should include the use of a ‘phytosanitary certificate’ for wood products originating in third countries.
(6) The provisions as regards Cryphonectria parasitica (Murrill.) Barr. should be modified to take into account the updated information on its presence in the Community and its risk of introduction into and spread within the Community with wood and isolated bark of Castanea Mill., by restricting them to protected zones in the Czech Republic, Denmark, Greece, Ireland, Sweden and the United Kingdom where it has been determined that this organism is not present.
(7) The provisions as regards wood products which must be subjected to a plant health inspection in the country of origin or the consignor country, if originating outside the Community, before being permitted to enter the Community or moved within the Community, should be modified in the light of the changes made to the technical requirements on such wood and changes in the tariff and statistical nomenclature and the Common Customs Tariff.
(8) The provisions as regards the risk of introduction of harmful organisms with isolated bark of conifers (Coniferales) originating in certain third countries should be modified, as new information became available on treatment of such isolated bark, obviating the above risk.
(9) The harmful organism Ceratocystis virescens (Davidson) Moreau is likely to become the generally accepted name for the organism Ceratocystis coerulescens (Münch) Bakshi.
(10) The relevant annexes to Directive 2000/29/EC should therefore be amended accordingly.
(11) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DIRECTIVE:
Annexes II, III, IV and V to Directive 2000/29/EC are amended in accordance with the Annex to this Directive.
1.Member States shall adopt and publish by 28 February 2005 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
They shall apply those provisions from 1 March 2005.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2.Member States shall communicate to the Commission the text of the main provisions of national law, which they adopt in the field governed by this Directive.
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Directive is addressed to the Member States.
Done at Brussels, 5 October 2004.
For the Commission
David Byrne
Member of the Commission
‘Plants of Castanea Mill and Quercus L., intended for planting, other than seeds’.
| ‘Wood of Platanus L., except that in the form of chips, particles, sawdust, shavings, wood waste and scrap, but including wood which has not kept its natural round surface, originating in the USA or Armenia. | Official statement that the wood has undergone kiln-drying to below 20 % moisture content, expressed as a percentage of dry matter, achieved through an appropriate time/temperature schedule. There shall be evidence thereof by a mark “kiln-dried” or “KD” or another internationally recognised mark, put on the wood or on any wrapping in accordance with current usage.’ |
| ‘Wood of Populus L., except that in the form of chips, particles, sawdust, shavings, wood waste and scrap, but including wood which has not kept its natural round surface, originating in countries of the American continent. | Official statement that the wood:
|
Point 1.7. is replaced by the following:
has been obtained in whole or part from Platanus L., including wood which has not kept its natural round surface;
and
meets one of the following descriptions laid down in Annex I, Part two to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff(3):
| CN code | Description |
|---|---|
| 4401 10 00 | Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms |
| 4401 22 00 | Non-coniferous wood, in chips or particles |
| ex 4401 30 90 | Wood waste and scrap (other than sawdust), not agglomerated in logs, briquettes, pellets or similar forms |
| 4403 10 00 | Wood in the rough, treated with paint, stains, creosote or other preservatives, not stripped of bark or sapwood, or roughly squared |
| ex 4403 99 | Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), in the rough, whether or not stripped of bark or sapwood, or roughly squared, not treated with paint, stains, creosote or other preservatives |
| ex 4404 20 00 | Non-coniferous split poles; piles, pickets and stakes of non-coniferous wood, pointed but not sawn lengthwise |
| ex 4407 99 | Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm.’ |
point 1.8. is deleted
point 1.10. is replaced by the following:
has been obtained in whole or part from
conifers (Coniferales), excluding wood which is bark-free,
Castanea Mill., excluding wood which is bark-free;
and
meets one of the following descriptions laid down in Annex I, Part two to Council Regulation (EEC) No 2658/87:
| CN code | Description |
|---|---|
| 4401 10 00 | Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms |
| 4401 21 00 | Coniferous wood, in chips or particles |
| 4401 22 00 | Non-coniferous wood, in chips or particles |
| ex 4401 30 | Wood waste and scrap (other than sawdust), not agglomerated in logs, briquettes, pellets or similar forms |
| ex 4403 10 00 | Wood in the rough, treated with paint, stains, creosote or other preservatives, not stripped of bark or sapwood, or roughly squared |
| ex 4403 20 | Coniferous wood in the rough, not stripped of bark or sapwood, or roughly squared, not treated with paint, stains, creosote or other preservatives |
| ex 4403 99 | Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), in the rough, whether or not stripped of bark or sapwood, or roughly squared, not treated with paint, stains, creosote or other preservatives |
| ex 4404 | Split poles: piles, pickets and stakes of wood, pointed, but not sawn lengthwise |
| 4406 | Railway or tramway sleepers (cross-ties) of wood |
| 4407 10 | Coniferous wood, sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm |
| ex 4407 99 | Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm.’ |
‘Acer saccharum Marsh., originating in the USA and Canada.’
‘conifers (Coniferales), originating in non-European countries.’
has been obtained in whole or part from one of the order, genera or species as described hereafter, except wood packaging material defined in Annex IV, Part A, Section I, Point 2:
Quercus L., including wood which has not kept its natural round surface, originating in the USA, except wood which meets the description referred to in (b) of CN code 4416 00 00 and where there is documented evidence that the wood has been processed or manufactured using a heat treatment to achieve a minimum temperature of 176 °C for 20 minutes,
Platanus, including wood which has not kept its natural round surface, originating in the USA or Armenia,
Populus L., including wood which has not kept its natural round surface, originating in countries of the American continent,
Acer saccharum Marsh., including wood which has not kept its natural round surface, originating in the USA and Canada,
Conifers (Coniferales), including wood which has not kept its natural round surface, originating in non-European countries, Kazakhstan, Russia and Turkey;
and
meets one of the following descriptions laid down in Annex I, Part two to Council Regulation (EEC) No 2658/87:
| CN code | Description |
|---|---|
| 4401 10 00 | Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms |
| 4401 21 00 | Coniferous wood, in chips or particles |
| 4401 22 00 | Non-coniferous wood, in chips or particles |
| 4401 30 10 | Sawdust |
| ex 4401 30 90 | Other wood waste and scrap, not agglomerated in logs, briquettes, pellets or similar forms |
| 4403 10 00 | Wood in the rough, treated with paint, stains, creosote or other preservatives, not stripped of bark or sapwood, or roughly squared |
| 4403 20 | Coniferous wood in the rough, other than treated with paint, stains, creosote or other preservatives, whether or not stripped of bark or sapwood, or roughly squared |
| 4403 91 | Oak wood (Quercus spp.) in the rough, other than treated with paint, stains, creosote or other preservatives, whether or not stripped of bark of sapwood, or roughly squared |
| ex 4403 99 | Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), in the rough, whether or not stripped of bark or sapwood, or roughly squared, not treated with paint, stains, creosote or other preservatives |
| ex 4404 | Split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise |
| 4406 | Railway or tramway sleepers (cross-ties) of wood |
| 4407 10 | Coniferous wood, sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm |
| 4407 91 | Oak wood (Quercus spp.), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm |
| ex 4407 99 | Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm |
| 4415 | Packing cases, boxes, crates, drums and similar packings, of wood; cable-drums of wood; pallets, box pallets and other load boards, of wood; pallet collars of wood |
| 4416 00 00 | Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood, including staves |
| 9406 00 20 | Prefabricated buildings of wood.’ |
has been obtained in whole or part from conifers (Coniferales), excluding wood which is bark-free originating in European third countries, and Castanea Mill., excluding wood which is bark-free
and
meets one of the following descriptions laid down in Annex I, Part two to Council Regulation (EEC) No 2658/87:
| CN code | Description |
|---|---|
| 4401 10 00 | Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms |
| 4401 21 00 | Coniferous wood, in chips or particles |
| 4401 22 00 | Non-coniferous wood, in chips or particles |
| ex 4401 30 | Wood waste and scrap (other than sawdust), not agglomerated in logs, briquettes, pellets or similar forms |
| ex 4403 10 00 | Wood in the rough, treated with paint, stains, creosote or other preservatives, not stripped of bark or sapwood, or roughly squared |
| ex 4403 20 | Coniferous wood in the rough, other than treated with paint, stains, creosote or other preservatives, not stripped of bark or sapwood or roughly squared |
| ex 4403 99 | Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), in the rough, whether or not stripped of bark or sapwood, or roughly squared, not treated with paint, stains, creosote or other preservatives |
| ex 4404 | Split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise |
| 4406 | Railway or tramway sleepers (cross-ties) of wood |
| 4407 10 | Coniferous wood, sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm |
| ex 4407 99 | Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm |
| 4415 | Packing cases, boxes, crates, drums and similar packings, of wood; cable-drums of wood; pallets, box pallets and other load boards, of wood; pallet collars of wood |
| 9406 00 20 | Prefabricated buildings of wood.’ |
‘9. Isolated bark of conifers (Coniferales) originating in European third countries.’.
OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2004/70/EC (OJ L 127, 29.4.2004, p. 97).
ISPM No 15, March 2002, FAO, Rome.
OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Commission Regulation (EC) No 1558/2004 (OJ L 283, 2.9.2004, p. 7).