Article 1
1
Member States are hereby authorized to provide, subject to the conditions laid down in paragraph 2, for a derogation from Articles 7 (2) and 12 (1) (b) of Directive 77/93/EEC, in respect of coniferous wood originating in Canada which has undergone the proper heat treatment.
2
The following conditions shall be satisfied:
a
the wood shall be produced at sawmills or treated at appropriate premises approved and qualified by Agriculture Canada for participation in the heat treatment verification programme;
b
the wood shall be heat-treated to a minimum core temperature of 56 °C for 30 minutes in heat chambers tested, evaluated and approved by an independent testing organization approved for this purpose by Agriculture Canada; the time and temperature of the said treatment for a specific lot will be recorded and filed;
c
the evaluation referred to in (b) shall be carried out using a methodology whereby, under the worst conditions, the time required to bring the core temperature of the wood to a minimum of 56 °C for 30 minutes is determined; accordingly, treatment schedules will be established for each heat chamber;
d
the heat chambers referred to in (b) shall have calibrated equipment to record temperature achieved during treatment; this equipment shall also be evaluated by the testing organization referred to in (b);
e
upon satisfaction of the conditions laid down under (b), a standardized mark shall be affixed to the upper right hand quarter of one longitudinal side of each bundle, by, or under the supervision of, the designated officer of the mill referred to in (a);
f
a checking system to ensure that the conditions laid down under (a) to (e) are satisfied shall be set up by the official grading agencies, qualified and authorized for that purpose under a programme approved and controlled by Agriculture Canada;
g
a checking system shall enable the inspectors of Agriculture Canada to monitor the approved mills referred to in (a) and to undertake occasional pre-shipment inspections;
h
the wood shall be accompanied by a 'Heat Treatment Certificate using Heat Chambers', which is standardized under the programme mentioned under (a), and which conforms to the specimen given in the Annex to this Decision and is issued by an authorized person on behalf of the mills authorized to participate in that programme approved by Agriculture Canada.
Article 2
Without prejudice to the provisions laid down in Article 14 (5) of Directive 77/93/EEC, Member States shall notify the Commission and the other Member States of all cases where consignments introduced pursuant to this Decision do not comply with the conditions laid down under Article 1 (2) (e) and (h).
Article 3
The authorization granted in Article 1 shall apply from 1 June 1993. It shall be revoked if it is established that the conditions laid down under Article 1 (2) are not sufficient to prevent the introduction of harmful organisms or have not been complied with. The authorization shall be reviewed by 1 April 1995 at the latest.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 2 June 1993.