Commission Implementing Decision of 1 March 2012 as regards emergency measures to prevent the introduction into and the spread within the Union of Anoplophora chinensis (Forster) (notified under document C(2012) 1310) (2012/138/EU)

1. Specific import requirements

A. Imports originating in third countries except China

1. Without prejudice to the provisions listed in Annex III, Part A(9, 16, 18) and Annex IV, Part A(I)(14, 15, 17, 18, 19.2, 20, 22.1, 22.2, 23.1, 23.2, 32.1, 32.3, 33, 34, 36.1, 39, 40, 43, 44, 46) to Directive 2000/29/EC, specified plants originating in third countries, other than China, where the specified organism is known to be present shall be accompanied by a certificate as referred to in Article 13(1) of that Directive which states under the rubric ‘Additional Declaration’:

(a)

that the plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation in the country of origin and situated in a pest-free area established by that organisation in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or

(b)

that the plants have been grown, during a period of at least 2 years prior to export, in a place of production established as free from Anoplophora chinensis (Forster) in accordance with International Standards for Phytosanitary Measures:

(i)

which is registered and supervised by the national plant protection organisation in the country of origin; and

(ii)

which has been subjected annually to at least two official meticulous inspections for any sign of Anoplophora chinensis (Forster) carried out at appropriate times and no signs of the organism have been found; and

(iii)

where the plants have been grown in a site:

• with complete physical protection against the introduction of Anoplophora chinensis (Forster), or

• with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs of Anoplophora chinensis (Forster) are carried out annually at appropriate times. In case signs of Anoplophora chinensis (Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and

(iv)

where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, for the presence of the specified organism, in particular in roots and stems of the plants. This inspection shall include targeted destructive sampling. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or

(c)

that the plants have been grown from rootstocks which meet the requirements of point (b), grafted with scions which meet the following requirements:

(i)

at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;

(ii)

the grafted plants have been inspected in accordance with point (b)(iv).

2. Specified plants imported in accordance with point 1 shall be meticulously inspected at the point of entry or the place of destination established in accordance with Commission Directive 2004/103/EC(1). Inspection methods applied shall ensure the detection of any sign of the specified organism, in particular in roots and stems of the plants. This inspection shall include targeted destructive sampling. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %.

B. Imports originating in China

1. Without prejudice to the provisions listed in Annex III, Part A(9, 16, 18) and Annex IV, Part A(I)(14, 15, 17, 18, 19.2, 20, 22.1, 22.2, 23.1, 23.2, 32.1, 32.3, 33, 34, 36.1, 39, 40, 43, 44, 46) to Directive 2000/29/EC, specified plants originating in China shall be accompanied by a certificate as referred to in Article 13(1) of that Directive which states under the rubric ‘Additional Declaration’:

(a)

that the plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation of China and situated in a pest-free area established by that organisation in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or

(b)

that the plants have been grown, during a period of at least 2 years prior to export, in a place of production established as free from Anoplophora chinensis (Forster) in accordance with International Standards for Phytosanitary Measures:

(i)

which is registered and supervised by the national plant protection organisation of China; and

(ii)

which has been subjected annually to at least two official inspections for any sign of Anoplophora chinensis (Forster) carried out at appropriate times and no signs of the organism have been found; and

(iii)

where the plants have been grown in a site:

• with complete physical protection against the introduction of Anoplophora chinensis (Forster), or

• with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs of Anoplophora chinensis (Forster) are carried out annually at appropriate times. In case signs of Anoplophora chinensis (Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and

(iv)

where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, including targeted destructive sampling on each lot, for the presence of Anoplophora chinensis (Forster), in particular in roots and stems of the plants.

The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or

(c)

that the plants have been grown from rootstocks which meet the requirements of (b), grafted with scions which meet the following requirements:

(i)

at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;

(ii)

the grafted plants have been inspected in accordance with point (b)(iv);

(d)

the registration number of the place of production.

2. Specified plants imported in accordance with point 1 shall be meticulously inspected at the point of entry or the place of destination established in accordance with Directive 2004/103/EC. Inspection methods applied, including targeted destructive sampling on each lot, shall ensure the detection of any sign of the specified organism, in particular in roots and stems of the plants. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %.

The destructive sampling referred to in the first paragraph shall be carried out at the level set out in the following table:

Number of plants in the lot	Level of destructive sampling (number of plants to be cut)
1 – 4 500	10 % of lot size
> 4 500	450

(1)

OJ L 313, 12.10.2004, p. 16.