Commission Decision of 29 April 2005 providing for a derogation from certain provisions of Council Directive 2000/29/EC as regards oak (Quercus L.) logs with bark attached, originating in the United States of America (notified under document number C(2005) 1298) (2005/359/EC)

Article 8 U.K.

1. Member States may exempt logs of Quercus L. species belonging to the white oak group from the fumigation provided for in Article 2(1), if the following conditions are satisfied:

(a) the logs shall be in consignments composed solely of logs belonging to species of the white oak group;

(b) the logs shall be identified in accordance with Annex IV;

(c) the logs shall be dispatched from the ports of shipment on 15 October at the earliest and reach the place of storage on 30 April of the following year at the latest;

(d) the logs shall be kept in wet storage;

(e) the logs shall not be introduced into or through areas south of 45^o latitude; however, Marseilles may be used as port of unloading, provided that it is ensured that the consignment is moved immediately to areas north of 45^o latitude;

(f) the inspections referred to in Article 4 shall comprise, in place of the fumigation colour reaction test, a white oak log identification colour test as specified in Annex IV, on at least 10 % of the logs selected at random from each consignment.

By way of derogation from point (c), the plant protection organisation of the Member State of storage may permit consignments to be unloaded and put into wet storage after 30 April of the following year, as provided for in that point, if their arrival at the port of unloading has been unforeseeably delayed.

2. Paragraph 1 shall not apply to Greece, Spain, Italy, Cyprus, Malta and Portugal.