Pending: 32006D0210

January 16, 2026
15.3.2006 EN Official Journal of the European Union L 76/3
(1) On 16 March 2005 the Commission adopted the communication entitled ‘Better Regulation for Growth and Jobs in the European Union’(1), in which it announced its intention to set up, in the course of 2005, a group of high-level national regulatory experts to facilitate the development of better regulation measures at both national and EU level.
(2) This group shall advise the Commission on better regulation issues in general; it shall not give its opinions on initiatives or projects concerning the development of specific legislative proposals.
(3) The group shall be composed of high-level national experts appointed by the Commission acting on proposals from the Member States, and open for observers from acceding countries.
(4) The group of high-level national regulatory experts should therefore be set up and its terms of reference and structures detailed,
— provide an efficient interface between the Commission and key governmental authorities, in order to assist the Commission in improving the regulatory environment for enterprises, industry, consumers, the social partners and citizens at large,
— contribute to the spread of best practices developed both at EU level and at national level on better regulation within the EU,
— strengthen cooperation between the Commission and the Member States with a view to implementing better regulation at national level; in particular, to examine jointly how EU legislation is transposed and implemented by Member States (i.e. the introduction of additional requirements or procedures in the course of its transposition),
— contribute to the development of a coherent set of common indicators to monitor progress as regards the quality of the regulatory environment both at EU level and in the Member States themselves, as a basis for benchmarking within their national Lisbon programmes,
— advise the Commission on better regulation issues, in particular: simplification; the assessment of economic, social and environmental impacts, including administrative costs; consultation practices; and the various types of regulation possible.
— the members shall be high-level officials with experience in the field concerned and representatives of a public authority,
— the members are appointed for a one year renewable mandate. They shall remain in office until such time as they are replaced or their mandate ends,
— the members who are no longer able to contribute effectively to the group’s deliberations, who resign or who do not respect the conditions set out in the first or second point of this Article or Article 287 of the Treaty establishing the European Community may be replaced for the remaining period of their mandate,
— the names of the appointed members shall be published on the Internet site of the Commission.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
(1) On 16 March 2005 the Commission adopted the communication entitled ‘Better Regulation for Growth and Jobs in the European Union’(1), in which it announced its intention to set up, in the course of 2005, a group of high-level national regulatory experts to facilitate the development of better regulation measures at both national and EU level.
(2) This group shall advise the Commission on better regulation issues in general; it shall not give its opinions on initiatives or projects concerning the development of specific legislative proposals.
(3) The group shall be composed of high-level national experts appointed by the Commission acting on proposals from the Member States, and open for observers from acceding countries.
(4) The group of high-level national regulatory experts should therefore be set up and its terms of reference and structures detailed,
HAS DECIDED AS FOLLOWS:

Article 1
The Commission hereby establishes an expert group entitled ‘Group of high-level national regulatory experts’, hereinafter referred to as ‘the group’.

Task
Article 2
The Commission may consult the group on all questions concerning better regulation policy and the development of related measures at both national and EU levels.
The group’s task is to:
—
provide an efficient interface between the Commission and key governmental authorities, in order to assist the Commission in improving the regulatory environment for enterprises, industry, consumers, the social partners and citizens at large,
—
contribute to the spread of best practices developed both at EU level and at national level on better regulation within the EU,
—
strengthen cooperation between the Commission and the Member States with a view to implementing better regulation at national level; in particular, to examine jointly how EU legislation is transposed and implemented by Member States (i.e. the introduction of additional requirements or procedures in the course of its transposition),
—
contribute to the development of a coherent set of common indicators to monitor progress as regards the quality of the regulatory environment both at EU level and in the Member States themselves, as a basis for benchmarking within their national Lisbon programmes,
—
advise the Commission on better regulation issues, in particular: simplification; the assessment of economic, social and environmental impacts, including administrative costs; consultation practices; and the various types of regulation possible.

Composition — Appointment
Article 3
1. The Commission charges the Secretary General to appoint the members of the group on the basis of the candidates proposed by the Member States.
2. The group shall comprise one or, in some exceptional cases(2), two members per Member State. Alternate members can be appointed by the Secretary General of the Commission on Member State proposal and automatically replace members who are absent or indisposed.
3. The following provisions shall apply:
—
the members shall be high-level officials with experience in the field concerned and representatives of a public authority,
—
the members are appointed for a one year renewable mandate. They shall remain in office until such time as they are replaced or their mandate ends,
—
the members who are no longer able to contribute effectively to the group’s deliberations, who resign or who do not respect the conditions set out in the first or second point of this Article or Article 287 of the Treaty establishing the European Community may be replaced for the remaining period of their mandate,
—
the names of the appointed members shall be published on the Internet site of the Commission.

Operation
Article 4
1. The group is chaired by the Commission.
2. In agreement with the Commission, sub-groups may be set up to examine specific questions under terms of reference established by the group; they shall be disbanded as soon as these have been fulfilled.
3. The Chair may invite experts with specialist knowledge of a topic entered on the agenda and observers, including acceding countries(3), to attend meetings of the group or sub-groups when this would be useful and/or necessary.
4. Information obtained by participating in the group’s or sub-group’s deliberations may not be divulged if the Commission requests confidentiality.
5. The group and its sub-groups shall normally meet in one of the locations where the Commission and its departments have premises, following the procedures and timetable laid down by it. The secretariat shall be provided by the Commission.
6. The group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission(4).
7. The Commission shall provide secretarial support for the group and any sub-groups created under Article 4(2) of this Decision.
8. The Commission may publish on the Internet, in the working language(s) of the group, any résumé, conclusion, or partial conclusion or working document of the group. The working documents shall be published in accordance with the availability of the different language versions.

Meeting expenses
Article 5
The Commission shall reimburse travel and, where appropriate subsistence expenses for members, experts and observers in connection with the group’s activities in accordance with the Commission’s internal rules on the compensation of external experts. The Commission shall reimburse one member of the group of high-level national regulatory experts per Member State. The members shall not be paid for their duties.
Meeting expenses are reimbursed within the limits of the annual budget allocated to the group by the responsible Commission services.

Entry into force
Article 6
The decision shall take effect on the day of its adoption by the Commission. It shall apply until 31 December 2009.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
(1) On 16 March 2005 the Commission adopted the communication entitled ‘Better Regulation for Growth and Jobs in the European Union’(1), in which it announced its intention to set up, in the course of 2005, a group of high-level national regulatory experts to facilitate the development of better regulation measures at both national and EU level.
(2) This group shall advise the Commission on better regulation issues in general; it shall not give its opinions on initiatives or projects concerning the development of specific legislative proposals.
(3) The group shall be composed of high-level national experts appointed by the Commission acting on proposals from the Member States, and open for observers from acceding countries.
(4) The group of high-level national regulatory experts should therefore be set up and its terms of reference and structures detailed,
HAS DECIDED AS FOLLOWS:
The Commission hereby establishes an expert group entitled ‘Group of high-level national regulatory experts’, hereinafter referred to as ‘the group’.

Task

The Commission may consult the group on all questions concerning better regulation policy and the development of related measures at both national and EU levels.
The group’s task is to:
—
provide an efficient interface between the Commission and key governmental authorities, in order to assist the Commission in improving the regulatory environment for enterprises, industry, consumers, the social partners and citizens at large,
—
contribute to the spread of best practices developed both at EU level and at national level on better regulation within the EU,
—
strengthen cooperation between the Commission and the Member States with a view to implementing better regulation at national level; in particular, to examine jointly how EU legislation is transposed and implemented by Member States (i.e. the introduction of additional requirements or procedures in the course of its transposition),
—
contribute to the development of a coherent set of common indicators to monitor progress as regards the quality of the regulatory environment both at EU level and in the Member States themselves, as a basis for benchmarking within their national Lisbon programmes,
—
advise the Commission on better regulation issues, in particular: simplification; the assessment of economic, social and environmental impacts, including administrative costs; consultation practices; and the various types of regulation possible.

Composition — Appointment

1. The Commission charges the Secretary General to appoint the members of the group on the basis of the candidates proposed by the Member States.
2. The group shall comprise one or, in some exceptional cases(2), two members per Member State. Alternate members can be appointed by the Secretary General of the Commission on Member State proposal and automatically replace members who are absent or indisposed.
3. The following provisions shall apply:
—
the members shall be high-level officials with experience in the field concerned and representatives of a public authority,
—
the members are appointed for a one year renewable mandate. They shall remain in office until such time as they are replaced or their mandate ends,
—
the members who are no longer able to contribute effectively to the group’s deliberations, who resign or who do not respect the conditions set out in the first or second point of this Article or Article 287 of the Treaty establishing the European Community may be replaced for the remaining period of their mandate,
—
the names of the appointed members shall be published on the Internet site of the Commission.

Operation

1. The group is chaired by the Commission.
2. In agreement with the Commission, sub-groups may be set up to examine specific questions under terms of reference established by the group; they shall be disbanded as soon as these have been fulfilled.
3. The Chair may invite experts with specialist knowledge of a topic entered on the agenda and observers, including acceding countries(3), to attend meetings of the group or sub-groups when this would be useful and/or necessary.
4. Information obtained by participating in the group’s or sub-group’s deliberations may not be divulged if the Commission requests confidentiality.
5. The group and its sub-groups shall normally meet in one of the locations where the Commission and its departments have premises, following the procedures and timetable laid down by it. The secretariat shall be provided by the Commission.
6. The group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission(4).
7. The Commission shall provide secretarial support for the group and any sub-groups created under Article 4(2) of this Decision.
8. The Commission may publish on the Internet, in the working language(s) of the group, any résumé, conclusion, or partial conclusion or working document of the group. The working documents shall be published in accordance with the availability of the different language versions.

Meeting expenses

The Commission shall reimburse travel and, where appropriate subsistence expenses for members, experts and observers in connection with the group’s activities in accordance with the Commission’s internal rules on the compensation of external experts. The Commission shall reimburse one member of the group of high-level national regulatory experts per Member State. The members shall not be paid for their duties.
Meeting expenses are reimbursed within the limits of the annual budget allocated to the group by the responsible Commission services.

Entry into force

The decision shall take effect on the day of its adoption by the Commission. It shall apply until 31 December 2009.

Pending: 32006D0197

January 16, 2026
9.3.2006 EN Official Journal of the European Union L 70/82
(1) On 15 February 2001, Pioneer Overseas Corporation and Dow AgroSciences Europe jointly submitted to the competent authorities of the Netherlands a request, in accordance with Article 4 of Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients(2), for the placing on the market of foods and food ingredients derived from genetically modified maize line 1507 as novel foods or as novel food ingredients (the products).
(2) In their initial assessment report of 4 November 2003, the Netherlands competent food assessment body concluded that the products are just as safe as foods and food ingredients derived from conventional maize lines and may be used in the same manner.
(3) The Commission forwarded the initial assessment report to all Member States on 10 November 2003. Within the 60-day period laid down in Article 6(4) of Regulation (EC) No 258/97, reasoned objections to the placing on the market of the products were raised in accordance with that provision. As a consequence, an additional assessment report was required.
(4) Article 46(1) of Regulation (EC) No 1829/2003 (hereinafter referred to as the Regulation) provides that requests submitted pursuant to Article 4 of Regulation (EC) No 258/97 before the date of application of the Regulation, i.e. 18 April 2004, shall be transformed into applications pursuant to Chapter II, Section 1 of the Regulation in cases where an additional assessment report is required in accordance with Article 6(3) or (4) of Regulation (EC) No 258/97.
(5) The scope of Regulation (EC) No 258/97 is limited to the placing on the market, within the Community, of novel foods or novel food ingredients. Consequently the present decision does not cover the placing on the market of feed containing, consisting of or produced from maize line 1507.
(6) In particular, the placing on the market of genetically modified maize line 1507 as or in some products including feed containing or consisting of this maize is subject to Commission Decision 2005/772/EC of 3 November 2005 concerning the placing on the market, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a maize product (Zea maysL., line 1507) genetically modified for resistance to certain lepidopteran pests and for tolerance to the herbicide glufosinate-ammonium(3).
(7) Feed produced from maize line 1507 has been placed on the market before the date of application of the Regulation, i.e. 18 April 2004. As a consequence, it is subject to the requirements provided for in Article 20 of the Regulation and may be placed on the market and used in accordance with the conditions laid down in the Community Register of genetically modified food and feed.
(8) On 3 March 2005, the European Food Safety Authority (Authority) gave its opinion in accordance with Article 6 of the Regulation that there is no evidence to indicate that the placing on the market of the products is likely to cause adverse effects on human or animal health or the environment(4). In giving its opinion, the Authority considered all specific questions and concerns raised by the Member States.
(9) Accordingly, the Authority advised that no specific labelling requirements other than those provided for in Article 13(1) of the Regulation are necessary. The Authority also advised that no specific conditions or restrictions for the placing on the market and/or specific conditions or restrictions for the use and handling, including post-market monitoring requirements, and no specific conditions for the protection of particular ecosystems/environment and/or geographical areas, as provided for in point (e) of Article 6(5) of the Regulation, are required.
(10) In its opinion, the Authority concluded that the environmental monitoring plan, consisting of a general surveillance plan, submitted by the applicant is in line with the intended use of the products.
(11) In the light of the above considerations, authorisation should be granted.
(12) A unique identifier should be assigned to maize line 1507 as provided for in Commission Regulation (EC) No 65/2004 of 14 January 2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms(5).
(13) All information contained in the Annex to this Decision on the authorisation of the products should be entered in the Community Register of genetically modified food and feed as provided for in the Regulation.
(14) In accordance with Article 4(2) of the Regulation, the conditions for authorisation of the product bind all persons placing it on the market.
(15) This Decision should be notified through the Biosafety Clearing House to the Parties to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, pursuant to Articles 9(1) and to point 2(c) of Article 15 of Regulation (EC) No 1946/2003 of the European Parliament and of the Council of 15 July 2003 on transboundary movements of genetically modified organisms(6).
(16) No opinion was delivered by the Standing Committee on the Food Chain and Animal Health; the Commission has therefore submitted a proposal to the Council on 5 October 2005 in accordance with Article 5(4) of Council Decision 1999/468/EC(7), the Council being required to act within three months.
(17) However, the Council has not acted within the required time limit; a Decision should now be adopted by the Commission,
(a) Pioneer Overseas Corporation, Belgium, representing Pioneer Hi-Bred International, United States of America; and
(b) Dow AgroSciences Europe, United Kingdom, representing Mycogen Seeds, United States of America;
(a) cassette 1:A synthetic version of the truncatedcry1F gene fromBacillus thuringiensissubsp.aizawai, which confers resistance to the European corn borer (Ostrinia nubilalis) and certain other lepidopteran pests, under the regulation of the ubiquitin promoterubiZM1(2) fromZea maysL. and the ORF25PolyA terminator fromAgrobacterium tumefacienspTi15955;
(b) cassette 2:A synthetic version of thepatgene fromStreptomyces viridochromogenesstrain Tü494, which confers tolerance to the herbicide glufosinate-ammonium, under the regulation of the 35S promoter and terminator sequences fromCauliflower Mosaic Virus.
— Event specific real-time quantitative PCR based method for genetically modified maize DAS-Ø15Ø7-1.
— Validated by the Community reference laboratory established pursuant to Regulation (EC) No 1829/2003, published at http://gmo-crl.jrc.it/detectionmethods/TC1507-WEB-Protocol-Validation.pdf
— Reference Material: ERM®-BF418 accessible via the Joint Research Centre (JRC) of the European Commission, the Institute of Reference Materials and Measurements (IRMM) at http://www.irmm.jrc.be/html/reference_materials_catalogue/index.htm
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed(1), and in particular Article 7(3) thereof,
(1) On 15 February 2001, Pioneer Overseas Corporation and Dow AgroSciences Europe jointly submitted to the competent authorities of the Netherlands a request, in accordance with Article 4 of Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients(2), for the placing on the market of foods and food ingredients derived from genetically modified maize line 1507 as novel foods or as novel food ingredients (the products).
(2) In their initial assessment report of 4 November 2003, the Netherlands competent food assessment body concluded that the products are just as safe as foods and food ingredients derived from conventional maize lines and may be used in the same manner.
(3) The Commission forwarded the initial assessment report to all Member States on 10 November 2003. Within the 60-day period laid down in Article 6(4) of Regulation (EC) No 258/97, reasoned objections to the placing on the market of the products were raised in accordance with that provision. As a consequence, an additional assessment report was required.
(4) Article 46(1) of Regulation (EC) No 1829/2003 (hereinafter referred to as the Regulation) provides that requests submitted pursuant to Article 4 of Regulation (EC) No 258/97 before the date of application of the Regulation, i.e. 18 April 2004, shall be transformed into applications pursuant to Chapter II, Section 1 of the Regulation in cases where an additional assessment report is required in accordance with Article 6(3) or (4) of Regulation (EC) No 258/97.
(5) The scope of Regulation (EC) No 258/97 is limited to the placing on the market, within the Community, of novel foods or novel food ingredients. Consequently the present decision does not cover the placing on the market of feed containing, consisting of or produced from maize line 1507.
(6) In particular, the placing on the market of genetically modified maize line 1507 as or in some products including feed containing or consisting of this maize is subject to Commission Decision 2005/772/EC of 3 November 2005 concerning the placing on the market, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a maize product (Zea maysL., line 1507) genetically modified for resistance to certain lepidopteran pests and for tolerance to the herbicide glufosinate-ammonium(3).
(7) Feed produced from maize line 1507 has been placed on the market before the date of application of the Regulation, i.e. 18 April 2004. As a consequence, it is subject to the requirements provided for in Article 20 of the Regulation and may be placed on the market and used in accordance with the conditions laid down in the Community Register of genetically modified food and feed.
(8) On 3 March 2005, the European Food Safety Authority (Authority) gave its opinion in accordance with Article 6 of the Regulation that there is no evidence to indicate that the placing on the market of the products is likely to cause adverse effects on human or animal health or the environment(4). In giving its opinion, the Authority considered all specific questions and concerns raised by the Member States.
(9) Accordingly, the Authority advised that no specific labelling requirements other than those provided for in Article 13(1) of the Regulation are necessary. The Authority also advised that no specific conditions or restrictions for the placing on the market and/or specific conditions or restrictions for the use and handling, including post-market monitoring requirements, and no specific conditions for the protection of particular ecosystems/environment and/or geographical areas, as provided for in point (e) of Article 6(5) of the Regulation, are required.
(10) In its opinion, the Authority concluded that the environmental monitoring plan, consisting of a general surveillance plan, submitted by the applicant is in line with the intended use of the products.
(11) In the light of the above considerations, authorisation should be granted.
(12) A unique identifier should be assigned to maize line 1507 as provided for in Commission Regulation (EC) No 65/2004 of 14 January 2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms(5).
(13) All information contained in the Annex to this Decision on the authorisation of the products should be entered in the Community Register of genetically modified food and feed as provided for in the Regulation.
(14) In accordance with Article 4(2) of the Regulation, the conditions for authorisation of the product bind all persons placing it on the market.
(15) This Decision should be notified through the Biosafety Clearing House to the Parties to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, pursuant to Articles 9(1) and to point 2(c) of Article 15 of Regulation (EC) No 1946/2003 of the European Parliament and of the Council of 15 July 2003 on transboundary movements of genetically modified organisms(6).
(16) No opinion was delivered by the Standing Committee on the Food Chain and Animal Health; the Commission has therefore submitted a proposal to the Council on 5 October 2005 in accordance with Article 5(4) of Council Decision 1999/468/EC(7), the Council being required to act within three months.
(17) However, the Council has not acted within the required time limit; a Decision should now be adopted by the Commission,
HAS DECIDED AS FOLLOWS:

Products
Article 1
This Decision covers foods and food ingredients containing, consisting of, or produced from the genetically modified maize (Zea maysL.) line 1507 further specified in the Annex to this Decision (the products) and assigned the unique identifier DAS-Ø15Ø7-1, as provided for in Regulation (EC) No 65/2004.

Placing on the market
Article 2
The placing on the market of the products, according to the conditions specified in this Decision and its Annex, is authorised for the purposes of Article 4(2) of Regulation (EC) No 1829/2003.

Labelling
Article 3
For the purposes of the specific labelling requirements provided for in Article 13(1) of Regulation (EC) No 1829/2003, the ‘name of the organism’ shall be ‘maize’.

Monitoring for environmental effects
Article 4
1. Authorisation holders shall ensure that the monitoring plan for environmental effects, as specified in the Annex to this Decision, is put in place and implemented.
2. Authorisation holders shall submit to the Commission annual reports on the implementation and the results of the monitoring activities.
The reports shall clearly state those parts of the reports which are considered to be confidential, together with a verifiable justification for confidentiality in accordance with Article 30 of Regulation (EC) No 1829/2003.
Confidential parts of such reports shall be submitted in separate documents.

Community Register
Article 5
The information in the Annex to this Decision shall be entered in the Community Register of genetically modified food and feed, as provided for in Article 28 of Regulation (EC) No 1829/2003.

Authorisation holders
Article 6
The authorisation holders are:
(a)
Pioneer Overseas Corporation, Belgium, representing Pioneer Hi-Bred International, United States of America; and
(b)
Dow AgroSciences Europe, United Kingdom, representing Mycogen Seeds, United States of America;
both of which are responsible for fulfilling the duties of authorisation holders provided for in this Decision and in Regulation (EC) No 1829/2003.

Validity
Article 7
This Decision shall be valid for a period of 10 years from the date of its adoption.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed(1), and in particular Article 7(3) thereof,
(1) On 15 February 2001, Pioneer Overseas Corporation and Dow AgroSciences Europe jointly submitted to the competent authorities of the Netherlands a request, in accordance with Article 4 of Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients(2), for the placing on the market of foods and food ingredients derived from genetically modified maize line 1507 as novel foods or as novel food ingredients (the products).
(2) In their initial assessment report of 4 November 2003, the Netherlands competent food assessment body concluded that the products are just as safe as foods and food ingredients derived from conventional maize lines and may be used in the same manner.
(3) The Commission forwarded the initial assessment report to all Member States on 10 November 2003. Within the 60-day period laid down in Article 6(4) of Regulation (EC) No 258/97, reasoned objections to the placing on the market of the products were raised in accordance with that provision. As a consequence, an additional assessment report was required.
(4) Article 46(1) of Regulation (EC) No 1829/2003 (hereinafter referred to as the Regulation) provides that requests submitted pursuant to Article 4 of Regulation (EC) No 258/97 before the date of application of the Regulation, i.e. 18 April 2004, shall be transformed into applications pursuant to Chapter II, Section 1 of the Regulation in cases where an additional assessment report is required in accordance with Article 6(3) or (4) of Regulation (EC) No 258/97.
(5) The scope of Regulation (EC) No 258/97 is limited to the placing on the market, within the Community, of novel foods or novel food ingredients. Consequently the present decision does not cover the placing on the market of feed containing, consisting of or produced from maize line 1507.
(6) In particular, the placing on the market of genetically modified maize line 1507 as or in some products including feed containing or consisting of this maize is subject to Commission Decision 2005/772/EC of 3 November 2005 concerning the placing on the market, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a maize product (Zea maysL., line 1507) genetically modified for resistance to certain lepidopteran pests and for tolerance to the herbicide glufosinate-ammonium(3).
(7) Feed produced from maize line 1507 has been placed on the market before the date of application of the Regulation, i.e. 18 April 2004. As a consequence, it is subject to the requirements provided for in Article 20 of the Regulation and may be placed on the market and used in accordance with the conditions laid down in the Community Register of genetically modified food and feed.
(8) On 3 March 2005, the European Food Safety Authority (Authority) gave its opinion in accordance with Article 6 of the Regulation that there is no evidence to indicate that the placing on the market of the products is likely to cause adverse effects on human or animal health or the environment(4). In giving its opinion, the Authority considered all specific questions and concerns raised by the Member States.
(9) Accordingly, the Authority advised that no specific labelling requirements other than those provided for in Article 13(1) of the Regulation are necessary. The Authority also advised that no specific conditions or restrictions for the placing on the market and/or specific conditions or restrictions for the use and handling, including post-market monitoring requirements, and no specific conditions for the protection of particular ecosystems/environment and/or geographical areas, as provided for in point (e) of Article 6(5) of the Regulation, are required.
(10) In its opinion, the Authority concluded that the environmental monitoring plan, consisting of a general surveillance plan, submitted by the applicant is in line with the intended use of the products.
(11) In the light of the above considerations, authorisation should be granted.
(12) A unique identifier should be assigned to maize line 1507 as provided for in Commission Regulation (EC) No 65/2004 of 14 January 2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms(5).
(13) All information contained in the Annex to this Decision on the authorisation of the products should be entered in the Community Register of genetically modified food and feed as provided for in the Regulation.
(14) In accordance with Article 4(2) of the Regulation, the conditions for authorisation of the product bind all persons placing it on the market.
(15) This Decision should be notified through the Biosafety Clearing House to the Parties to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, pursuant to Articles 9(1) and to point 2(c) of Article 15 of Regulation (EC) No 1946/2003 of the European Parliament and of the Council of 15 July 2003 on transboundary movements of genetically modified organisms(6).
(16) No opinion was delivered by the Standing Committee on the Food Chain and Animal Health; the Commission has therefore submitted a proposal to the Council on 5 October 2005 in accordance with Article 5(4) of Council Decision 1999/468/EC(7), the Council being required to act within three months.
(17) However, the Council has not acted within the required time limit; a Decision should now be adopted by the Commission,
HAS DECIDED AS FOLLOWS:

Products

This Decision covers foods and food ingredients containing, consisting of, or produced from the genetically modified maize (Zea maysL.) line 1507 further specified in the Annex to this Decision (the products) and assigned the unique identifier DAS-Ø15Ø7-1, as provided for in Regulation (EC) No 65/2004.

Placing on the market

The placing on the market of the products, according to the conditions specified in this Decision and its Annex, is authorised for the purposes of Article 4(2) of Regulation (EC) No 1829/2003.

Labelling

For the purposes of the specific labelling requirements provided for in Article 13(1) of Regulation (EC) No 1829/2003, the ‘name of the organism’ shall be ‘maize’.

Monitoring for environmental effects

1. Authorisation holders shall ensure that the monitoring plan for environmental effects, as specified in the Annex to this Decision, is put in place and implemented.
2. Authorisation holders shall submit to the Commission annual reports on the implementation and the results of the monitoring activities.
The reports shall clearly state those parts of the reports which are considered to be confidential, together with a verifiable justification for confidentiality in accordance with Article 30 of Regulation (EC) No 1829/2003.
Confidential parts of such reports shall be submitted in separate documents.

Community Register

The information in the Annex to this Decision shall be entered in the Community Register of genetically modified food and feed, as provided for in Article 28 of Regulation (EC) No 1829/2003.

Authorisation holders

The authorisation holders are:
(a)
Pioneer Overseas Corporation, Belgium, representing Pioneer Hi-Bred International, United States of America; and
(b)
Dow AgroSciences Europe, United Kingdom, representing Mycogen Seeds, United States of America;
both of which are responsible for fulfilling the duties of authorisation holders provided for in this Decision and in Regulation (EC) No 1829/2003.

Validity

This Decision shall be valid for a period of 10 years from the date of its adoption.
ANNEX(a)Applicants and authorisation holders:
Name: Pioneer Overseas Corporation
Address: Avenue des Arts 44, B-1040 Brussels.
On behalf of Pioneer Hi-Bred International, Inc., 400 Locus Street, Suite 800, Des Moines, IA50309, United States of America
and
Name: Dow AgroSciences Europe Ltd
Address: European Development Centre, 3 Milton Park, Abingdon, Oxon OX14 4RN, United Kingdom.
On behalf of Mycogen Seeds c/o Dow AgroSciences LLC, 9330 Zionsville Road, Indianapolis, IN 46268-1054, United States of America.
(b)Designation and specification of the products: Foods and food ingredients containing, consisting of, or produced from genetically modified maize (Zea maysL.) line 1507 as described in the application, unique identifier DAS-Ø15Ø7-1, with resistance to the European corn borer (Ostrinia nubilalis) and certain other lepidopteran pests and with tolerance to the herbicide glufosinate-ammonium. The genetically modified maize DAS-Ø15Ø7-1 contains the following DNA sequences in two cassettes:

(a) | cassette 1:A synthetic version of the truncatedcry1F gene fromBacillus thuringiensissubsp.aizawai, which confers resistance to the European corn borer (Ostrinia nubilalis) and certain other lepidopteran pests, under the regulation of the ubiquitin promoterubiZM1(2) fromZea maysL. and the ORF25PolyA terminator fromAgrobacterium tumefacienspTi15955;
(b) | cassette 2:A synthetic version of thepatgene fromStreptomyces viridochromogenesstrain Tü494, which confers tolerance to the herbicide glufosinate-ammonium, under the regulation of the 35S promoter and terminator sequences fromCauliflower Mosaic Virus.(c)Labelling: No specific requirements other than those provided pursuant to Article 13(1) of Regulation (EC) No 1829/2003.
For the purpose of Article 13(1) of Regulation (EC) No 1829/2003, the ‘name of the organism’ shall be ‘maize’.
(d)Method for detection:

— | Event specific real-time quantitative PCR based method for genetically modified maize DAS-Ø15Ø7-1.
— | Validated by the Community reference laboratory established pursuant to Regulation (EC) No 1829/2003, published at http://gmo-crl.jrc.it/detectionmethods/TC1507-WEB-Protocol-Validation.pdf
— | Reference Material: ERM®-BF418 accessible via the Joint Research Centre (JRC) of the European Commission, the Institute of Reference Materials and Measurements (IRMM) at http://www.irmm.jrc.be/html/reference_materials_catalogue/index.htm(e)Unique identifier:
(f)Information required in accordance with Annex II to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity: Biosafety Clearing House, Record ID: see Decision 2006/197/EC.
(g)Conditions or restrictions on the placing on the market, use or handling of the products: Not required.
(h)Monitoring plan: Monitoring plan for environmental effects conforming with Annex VII to Directive 2001/18/EC
(Link: http://gmo-crl.jrc.it/detectionmethods/TC1507-WEB-Protocol-Validation.pdf)
(i)Post market monitoring requirements for the use of the food for human consumption: Not required.
Note: links to relevant documents may need to be modified over time. Those modifications will be made available to the public via the updating of the Community Register of genetically modified food and feed.

Pending: 32006D0148

January 16, 2026
25.2.2006 EN Official Journal of the European Union L 55/51
(1) Avian influenza is an infectious viral disease in poultry and birds, causing mortality and disturbances which can quickly take epizootic proportions liable to present a serious threat to animal health and under certain circumstances to human health. There is a risk that the disease agent might be spread to other holdings thus reducing sharply the profitability of poultry farming, to wild birds and from one Member State to other Member States and third countries through the international trade in live birds or their products.
(2) Highly pathogenic avian influenza A virus of subtype H5N1 has been isolated from wild birds in certain parts of the Community and in third countries adjacent to the Community or populated by migratory birds during winter. The likelihood of virus introduction with wild birds is increasing during the forthcoming migratory season.
(3) Early detection systems and biosecurity measures to reduce the risk of transmission of avian influenza to poultry flocks are in place in France.
(4) In its opinion on ‘Animal health and welfare aspects of avian influenza’ of 20 September 2005 the Animal Health and Welfare Panel of the European Food Safety Authority (EFSA) recommends that preventive vaccination can be considered if a high risk of virus introduction is identified in densely populated poultry areas. However, such a practice should not jeopardise the strict biosecurity and other measures that should be in force in such areas aimed at eradicating any introduction of virus.
(5) On 21 February 2006, France has submitted to the Commission for approval a plan for preventive vaccination in the light of the particular risk of introduction of avian influenza in certain areas of its territory. The Commission has immediately examined this plan in collaboration with France and deems that after certain adaptations it is in conformity with the relevant Community provisions. It appears therefore appropriate to approve this plan.
(6) According to this plan France intends to vaccinate ducks and geese against highly pathogenic avain influenza H5N1. This should be considered as a ‘pilot project’ since there is limited experience with preventive vaccination in these species.
(7) Only vaccines authorised in accordance with Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products(2)or Regulation No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency(3)should be used.
(8) Where preventive vaccination is carried out in France monitoring on vaccinated and unvaccinated poultry flocks and movement restrictions for vaccinated birds have to be implemented.
(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
(a) other holdings where vaccination is carried out; or
(b) other holdings where only vaccinated poultry are kept; or
(c) other holdigns where complete separation between vaccinated and non vaccinated poultry can be ensured; or
(d) a slaughterhouse for immediate slaughter,
(a) originate from holdings which have been regularly inspected and tested with negative results for highly pathogenic avian influenza H5N1 in accordance with ‘the preventive vaccination plan’, with particular attention paid to sentinel birds;
(b) originate from flocks which have been clinically inspected by an official veterinarian within 48 hours before loading, with particular attention paid to sentinel birds;
(c) are kept separated from other flocks which do not comply with Article 4 and with this Article; and
(d) that the meat has been produced in accordance with Annex II and Sections II and III of Annex III to Regulation (EC) No 853/2004(4)and controlled in accordance with Sections I, II, III, and Chapters V and VII of Section IV of Annex I to Regulation (EC) No 854/2004(5);
(a) only disposable packaging material, or packaging material which can be effectively washed and disinfected, is used for the collection, storage and transport of hatching eggs and day-old chicks;
(b) all means of transport used for transporting live poultry, hatching eggs, day-old poultry, fresh poultry meat, minced meat, meat preparations, mechanically separated meat and meat products and poultry feedstuff are cleaned and disinfected immediately before and after each transport with disinfectants and methods of use approved by the competent authority.
AIRE-SUR-L'ADOUR
ANGRESSE
ARBOUCAVE
ARTASSENX
ARTHEZ-D'ARMAGNAC
AUBAGNAN
AUDIGNON
BAHUS-SOUBIRAN
BASCONS
BAS-MAUCO
BATS
BÉNESSE-MAREMNE
BENQUET
BETBEZER-D'ARMAGNAC
BIARROTTE
BIAUDOS
BISCARROSSE
BORDÈRES-ET-LAMENSANS
BOSTENS
BOUGUE
BOURDALAT
BRETAGNE-DE-MARSAN
BUANES
CAPBRETON
CASTANDET
CASTELNAU-TURSAN
CAZÈRES-SUR-L'ADOUR
CLASSUN
CLÈDES
COUDURES
CRÉON-D'ARMAGNAC
DUHORT-BACHEN
DUMES
ESCALANS
ESTIGARDE
EUGÉNIE-LES-BAINS
EYRES-MONCUBE
FARGUES
FRÈCHE (LE)
GABARRET
GAILLÈRES
GEAUNE
GRENADE-SUR-L'ADOUR
HAGETMAU
HAUT-MAUCO
HERRÉ
HONTANX
HORSARRIEU
LABASTIDE-CHALOSSE
LABASTIDE-D'ARMAGNAC
LABENNE
LACAJUNTE
LACQUY
LACRABE
LAGLORIEUSE
LAGRANGE
LARRIVIÈRE
LATRILLE
LAURET
LOSSE
LUSSAGNET
MANT
MAURIES
MAURRIN
MAUVEZIN-D'ARMAGNAC
MAZEROLLES
MIRAMONT-SENSACQ
MOMUY
MONGET
MONSÉGUR
MONT-DE-MARSAN
MONTÉGUT
MONTGAILLARD
MONTSOUÉ
MORGANX
ONDRES
ORX
PARLEBOSCQ
PAYROS-CAZAUTETS
PÉCORADE
PERQUIE
PEYRE
PHILONDENX
PIMBO
PORT-DE-LANNE
POUDENX
POUYDESSEAUX
PUJO-LE-PLAN
PUYOL-CAZALET
RENUNG
RIMBEZ-ET-BAUDIETS
SAINT-AGNET
SAINT-ANDRÉ-DE-SEIGNANX
SAINT-BARTHÉLEMY
SAINTE-COLOMBE
SAINT-CRICQ-VILLENEUVE
SAINT-ÉTIENNE-D'ORTHE
SAINTE-FOY
SAINT-GEIN
SAINT-JEAN-DE-MARSACQ
SAINT-JULIEN-D'ARMAGNAC
SAINT-JUSTIN
SAINT-LAURENT-DE-GOSSE
SAINT-LOUBOUER
SAINTE-MARIE-DE-GOSSE
SAINT-MARTIN-DE-HINX
SAINT-MARTIN-DE-SEIGNANX
SAINT-MAURICE-SUR-L'ADOUR
SAINT-PIERRE-DU-MONT
SAINT-SEVER
SAINT-VINCENT-DE-TYROSSE
SAMADET
SANGUINET
SARRAZIET
SARRON
SAUBION
SAUBRIGUES
SERRES-GASTON
SOORTS-HOSSEGOR
SORBETS
TARNOS
URGONS
VIELLE-TURSAN
VIGNAU (LE)
VILLENEUVE-DE-MARSAN
ARTHON-EN-RETZ
ASSÉRAC
AVESSAC
BASSE-GOULAINE
BAULE-ESCOUBLAC (LA)
BATZ-SUR-MER
BERNERIE-EN-RETZ (LA)
BESNÉ
BIGNON (LE)
BLAIN
BOUAYE
BOUÉE
BOUGUENAIS
BOURGNEUF-EN-RETZ
BOUVRON
BRAINS
CAMPBON
CARQUEFOU
CHAPELLE-DES-MARAIS (LA)
CHAPELLE-GLAIN (LA)
CHAPELLE-LAUNAY (LA)
CHAPELLE-SUR-ERDRE (LA)
CHAUVÉ
CHEIX-EN-RETZ
CHÉMÉRÉ
CHEVROLIÈRE (LA)
CONQUÉREUIL
CORDEMAIS
CORSEPT
COUËRON
CROISIC (LE)
CROSSAC
DONGES
DREFFÉAC
FAY-DE-BRETAGNE
FÉGRÉAC
FRESNAY-EN-RETZ
FROSSAY
GÂVRE (LE)
GENESTON
GRIGONNAIS (LA)
GUÉMÉNÉ-PENFAO
GUENROUET
GUÉRANDE
HERBIGNAC
INDRE
JUIGNÉ-DES-MOUTIERS
LIMOUZINIÈRE (LA)
LAVAU-SUR-LOIRE
MACHECOUL
MALVILLE
MARNE (LA)
MARSAC-SUR-DON
MASSÉRAC
MESQUER
MISSILLAC
MONTAGNE (LA)
MONTOIR-DE-BRETAGNE
MOUTIERS-EN-RETZ (LES)
NANTES
NOTRE-DAME-DES-LANDES
ORVAULT
PAIMBOEUF
PELLERIN (LE)
PIERRIC
PIRIAC-SUR-MER
PLAINE-SUR-MER (LA)
PLESSÉ
PONT-CHÂTEAU
PONT-SAINT-MARTIN
PORNIC
PORNICHET
PORT-SAINT-PÈRE
POULIGUEN (LE)
PRÉFAILLES
PRINQUIAU
QUILLY
REZÉ
ROUANS
SAINT-AIGNAN-GRANDLIEU
SAINT-ANDRÉ-DES-EAUX
SAINTE-ANNE-SUR-BRIVET
SAINT-BRÉVIN-LES-PINS
SAINT-COLOMBAN
SAINT-ÉTIENNE-DE-MONTLUC
SAINT-GILDAS-DES-BOIS
SAINT-HERBLAIN
SAINT-HILAIRE-DE-CHALÉONS
SAINT-JEAN-DE-BOISEAU
SAINT-JOACHIM
SAINT-JULIEN-DE-VOUVANTES
SAINT-LÉGER-LES-VIGNES
SAINTE-LUCE-SUR-LOIRE
SAINT-LUMINE-DE-COUTAIS
SAINT-LYPHARD
SAINT-MALO-DE-GUERSAC
SAINT-MARS-DE-COUTAIS
SAINT-MÊME-LE-TENU
SAINT-MICHEL-CHEF-CHEF
SAINT-MOLF
SAINT-NAZAIRE
SAINT-NICOLAS-DE-REDON
SAINTE-PAZANNE
SAINT-PÈRE-EN-RETZ
SAINT-PHILBERT-DE-GRAND-LIEU
SAINTE-REINE-DE-BRETAGNE
SAINT-SÉBASTIEN-SUR-LOIRE
SAINT-VIAUD
SAUTRON
SAVENAY
SÉVERAC
SORINIÈRES (LES)
TEMPLE-DE-BRETAGNE (LE)
TREILLIÈRES
TRIGNAC
TURBALLE (LA)
VAY
VERTOU
VIGNEUX-DE-BRETAGNE
VUE
AIGUILLON-SUR-MER (L')
AIGUILLON-SUR-VIE (L')
ANGLES
AUZAY
AVRILLÉ
BARBÂTRE
BARRE-DE-MONTS (LA)
BEAUVOIR-SUR-MER
BENET
BERNARD (LE)
BESSAY
BOIS-DE-CÉNÉ
BOISSIÈRE-DES-LANDES (LA)
BOUILLÉ-COURDAULT
BOUIN
BREM-SUR-MER
BRÉTIGNOLLES-SUR-MER
BRETONNIÈRE (LA)
CHAILLÉ-LES-MARAIS
CHAILLÉ-SOUS-LES-ORMEAUX
CHAIX
CHAIZE-GIRAUD (LA)
CHAPELLE-ACHARD (LA)
CHAMPAGNÉ-LES-MARAIS
CHAMP-SAINT-PÈRE (LE)
CHASNAIS
CHÂTEAU-D'OLONNE
CHÂTEAU-GUIBERT
CHÂTEAUNEUF
CLAYE (LA)
CORPE
COUTURE (LA)
CURZON
DAMVIX
DOIX
ÉPINE (L')
FAUTE-SUR-MER (LA)
FENOUILLER (LE)
FONTAINES
FONTENAY-LE-COMTE
GIROUARD (LE)
GIVRAND
GIVRE (LE)
GROSBREUIL
GRUES
GUÉ-DE-VELLUIRE (LE)
GUÉRINIÈRE (LA)
ÎLE-D'ELLE (L')
ÎLE-D'OLONNE (L')
JARD-SUR-MER
JONCHÈRE (LA)
LAIROUX
LANDEVIEILLE
LANGON (LE)
LIEZ
LONGÈVES
LONGEVILLE-SUR-MER
LUÇON
MAGNILS-REIGNIERS (LES)
MAILLÉ
MAILLEZAIS
MAREUIL-SUR-LAY-DISSAIS
MAZEAU (LE)
MONTREUIL
MOREILLES
MOTHE-ACHARD (LA)
MOUTIERS-LES-MAUXFAITS
MOUTIERS-SUR-LE-LAY
MOUZEUIL-SAINT-MARTIN
NALLIERS
NIEUL-LE-DOLENT
NIEUL-SUR-L'AUTISE
NOIRMOUTIER-EN-L'ÎLE
NOTRE-DAME-DE-MONTS
OLONNE-SUR-MER
ORBRIE (L')
OULMES
PÉAULT
PERRIER (LE)
PETOSSE
PISSOTTE
POIRÉ-SUR-VELLUIRE (LE)
POIROUX
POUILLÉ
PUYRAVAULT
ROSNAY
SABLES-D'OLONNE (LES)
SAINT-AUBIN-LA-PLAINE
SAINT-AVAUGOURD-DES-LANDES
SAINT-BENOIST-SUR-MER
SAINT-CYR-EN-TALMONDAIS
SAINT-DENIS-DU-PAYRÉ
SAINT-ÉTIENNE-DE-BRILLOUET
SAINTE-FOY
SAINTE-GEMME-LA-PLAINE
SAINT-GERVAIS
SAINT-GILLES-CROIX-DE-VIE
SAINTE-HERMINE
SAINT-HILAIRE-DE-RIEZ
SAINT-HILAIRE-DES-LOGES
SAINT-HILAIRE-LA-FORÊT
SAINT-JEAN-DE-BEUGNÉ
SAINT-JEAN-DE-MONTS
SAINT-JULIEN-DES-LANDES
SAINT-MARTIN-DE-FRAIGNEAU
SAINT-MATHURIN
SAINT-MICHEL-EN-L'HERM
SAINT-MICHEL-LE-CLOUCQ
SAINTE-PEXINE
SAINT-PIERRE-LE-VIEUX
SAINTE-RADEGONDE-DES-NOYERS
SAINT-RÉVÉREND
SAINT-SIGISMOND
SAINT-URBAIN
SAINT-VINCENT-SUR-GRAON
SAINT-VINCENT-SUR-JARD
SALLERTAINE
SÉRIGNÉ
TABLIER (LE)
TAILLÉE (LA)
TALMONT-SAINT-HILAIRE
TRANCHE-SUR-MER (LA)
TRIAIZE
VAIRÉ
VELLUIRE
VIX
VOUILLÉ-LES-MARAIS
XANTON-CHASSENON
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC(1), and in particular, Article 57(2) thereof;
(1) Avian influenza is an infectious viral disease in poultry and birds, causing mortality and disturbances which can quickly take epizootic proportions liable to present a serious threat to animal health and under certain circumstances to human health. There is a risk that the disease agent might be spread to other holdings thus reducing sharply the profitability of poultry farming, to wild birds and from one Member State to other Member States and third countries through the international trade in live birds or their products.
(2) Highly pathogenic avian influenza A virus of subtype H5N1 has been isolated from wild birds in certain parts of the Community and in third countries adjacent to the Community or populated by migratory birds during winter. The likelihood of virus introduction with wild birds is increasing during the forthcoming migratory season.
(3) Early detection systems and biosecurity measures to reduce the risk of transmission of avian influenza to poultry flocks are in place in France.
(4) In its opinion on ‘Animal health and welfare aspects of avian influenza’ of 20 September 2005 the Animal Health and Welfare Panel of the European Food Safety Authority (EFSA) recommends that preventive vaccination can be considered if a high risk of virus introduction is identified in densely populated poultry areas. However, such a practice should not jeopardise the strict biosecurity and other measures that should be in force in such areas aimed at eradicating any introduction of virus.
(5) On 21 February 2006, France has submitted to the Commission for approval a plan for preventive vaccination in the light of the particular risk of introduction of avian influenza in certain areas of its territory. The Commission has immediately examined this plan in collaboration with France and deems that after certain adaptations it is in conformity with the relevant Community provisions. It appears therefore appropriate to approve this plan.
(6) According to this plan France intends to vaccinate ducks and geese against highly pathogenic avain influenza H5N1. This should be considered as a ‘pilot project’ since there is limited experience with preventive vaccination in these species.
(7) Only vaccines authorised in accordance with Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products(2)or Regulation No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency(3)should be used.
(8) Where preventive vaccination is carried out in France monitoring on vaccinated and unvaccinated poultry flocks and movement restrictions for vaccinated birds have to be implemented.
(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:

Subject matter, scope and definitions
Article 1
1. This Decision lays down certain measures to be applied in France where preventive vaccination is carried out in certain poultry holdings in defined areas at particular risk for introduction of highly pathogenic avian influenza H5N1 including provisions for movements of vaccinated poultry and certain products derived thereof.
2. For the purpose of this Decision the definitions in Article 2 of Council Directive 2005/94/EC shall apply as appropriate.

Approval of the vaccination programme
Article 2
1. The plan for preventive vaccination against highly pathogenic avian influenza H5N1, submitted by France to the Commission on 21 February 2006, is approved (‘the preventive vaccination plan’).
The preventive vaccination shall be carried out with inactivated heterologous vaccine of avian influenza subtypes H5 authorised by France in ducks and geese in the areas listed in the Annex (‘the preventive vaccination areas’).
2. Intensive monitoring and surveillance, as set out in the preventive vaccination plan shall be carried out in the preventive vaccination areas.
3. The preventive vaccination plan shall be implemented efficiently.
4. The Commission shall publish the preventive vaccination plan.

Provisions for movements of live poultry, hatching eggs, day-old chicks, fresh poultry meat, minced meat, meat preparations, mechanically separated meat and meat products
Article 3
Provisions for movements of live poultry and hatching eggs coming from and/or originating from holdings in which preventive vaccination is carried out and on movement of day-old chicks and fresh poultry meat, minced meat, meat preparations, mechanically separated meat and meat products derived from poultry vaccinated in accordance with the preventive vaccination plan shall meet the requirements laid down in Article 4 to 9 of this Decision.

Provisions for movements and dispatch of live poultry, hatching eggs and day-old chicks
Article 4
1. The competent authority shall ensure that vaccinated poultry may only be moved from its holding to:
(a)
other holdings where vaccination is carried out; or
(b)
other holdings where only vaccinated poultry are kept; or
(c)
other holdigns where complete separation between vaccinated and non vaccinated poultry can be ensured; or
(d)
a slaughterhouse for immediate slaughter,
within France.
2. No vaccinated live poultry, hatching eggs and day-old chicks originating from such poultry shall be dispatched from France.
3. No live poultry, hatching eggs and day-old chicks originating from holdings where vaccination has been carried out or from the holdings referred to in paragraph 1(a), 1(b) or 1(c) shall be dispatched from France.

Health certification for intra-Community trade for consignments of live poultry, day-old chicks and hatching eggs
Article 5
Health certificates for intra-Community trade in live poultry, day-old chicks and hatching eggs from France shall include the words:
‘The consignment consists of live poultry/day-old chicks/hatching eggs originating from holdings where no vaccination against avian influenza has been carried out’.

Provisions for dispatch of fresh meat of poultry, minced meat, meat preparations, mechanically separated meat and meat products
Article 6
1. The competent authority shall ensure that fresh meat derived from vaccinated poultry in France is only placed on the market provided that the meat comes from poultry which:
(a)
originate from holdings which have been regularly inspected and tested with negative results for highly pathogenic avian influenza H5N1 in accordance with ‘the preventive vaccination plan’, with particular attention paid to sentinel birds;
(b)
originate from flocks which have been clinically inspected by an official veterinarian within 48 hours before loading, with particular attention paid to sentinel birds;
(c)
are kept separated from other flocks which do not comply with Article 4 and with this Article; and
(d)
that the meat has been produced in accordance with Annex II and Sections II and III of Annex III to Regulation (EC) No 853/2004(4)and controlled in accordance with Sections I, II, III, and Chapters V and VII of Section IV of Annex I to Regulation (EC) No 854/2004(5);
2. The competent authority shall ensure that minced meat, meat preparations, mechanically separated meat and meat products containing meat derived from vaccinated ducks and geese flocks is only dispatched from France if the meat complies with paragraph (1) and are produced in accordance with Sections V and VI of Annex III to Regulation (EC) No 853/2004.

Commercial documents for fresh meat of poultry, minced meat, meat preparations, mechanically separated meat and meat products
Article 7
France shall ensure that fresh meat of poultry, minced meat, meat preparations, mechanically separated meat and meat products complying with the conditions set out in Article 6 is accompanied by commercial documents stating:
‘The consignment complies with the animal health conditions laid down in Commission Decision 2006/148/EC.’

Information to Member States
Article 8
France shall inform in advance the central veterinary authority in the Member State of destination on movements of consignments referred to in Article 7.

Washing and disinfection of packaging and means of transport
Article 9
France shall ensure that the following measures are taken on holdings, located in areas as listed in the Annex, where preventive vaccination is carried out:
(a)
only disposable packaging material, or packaging material which can be effectively washed and disinfected, is used for the collection, storage and transport of hatching eggs and day-old chicks;
(b)
all means of transport used for transporting live poultry, hatching eggs, day-old poultry, fresh poultry meat, minced meat, meat preparations, mechanically separated meat and meat products and poultry feedstuff are cleaned and disinfected immediately before and after each transport with disinfectants and methods of use approved by the competent authority.

Penalties
Article 10
France shall lay down the rules on penalties applicable to infringements of provisions of this Decision and shall take all the measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. France shall notify those provisions to the Commission by 7 March 2006 at the latest and shall notify the Commission of any subsequent amendments thereof.

Reports
Article 11
France shall submit a report containing information on the effectiveness of the preventive vaccination plan to the Commission within one month from the date of application of this Decision and give monthly reports at the Standing Committee on the Food Chain and Animal Health starting as from 7 March 2006.

Review of measures
Article 12
The measures shall be reviewed in the light of the development of the epidemiological situation and new information becoming available.

Addressee
Article 13
This Decision is addressed to the French Republic.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC(1), and in particular, Article 57(2) thereof;
(1) Avian influenza is an infectious viral disease in poultry and birds, causing mortality and disturbances which can quickly take epizootic proportions liable to present a serious threat to animal health and under certain circumstances to human health. There is a risk that the disease agent might be spread to other holdings thus reducing sharply the profitability of poultry farming, to wild birds and from one Member State to other Member States and third countries through the international trade in live birds or their products.
(2) Highly pathogenic avian influenza A virus of subtype H5N1 has been isolated from wild birds in certain parts of the Community and in third countries adjacent to the Community or populated by migratory birds during winter. The likelihood of virus introduction with wild birds is increasing during the forthcoming migratory season.
(3) Early detection systems and biosecurity measures to reduce the risk of transmission of avian influenza to poultry flocks are in place in France.
(4) In its opinion on ‘Animal health and welfare aspects of avian influenza’ of 20 September 2005 the Animal Health and Welfare Panel of the European Food Safety Authority (EFSA) recommends that preventive vaccination can be considered if a high risk of virus introduction is identified in densely populated poultry areas. However, such a practice should not jeopardise the strict biosecurity and other measures that should be in force in such areas aimed at eradicating any introduction of virus.
(5) On 21 February 2006, France has submitted to the Commission for approval a plan for preventive vaccination in the light of the particular risk of introduction of avian influenza in certain areas of its territory. The Commission has immediately examined this plan in collaboration with France and deems that after certain adaptations it is in conformity with the relevant Community provisions. It appears therefore appropriate to approve this plan.
(6) According to this plan France intends to vaccinate ducks and geese against highly pathogenic avain influenza H5N1. This should be considered as a ‘pilot project’ since there is limited experience with preventive vaccination in these species.
(7) Only vaccines authorised in accordance with Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products(2)or Regulation No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency(3)should be used.
(8) Where preventive vaccination is carried out in France monitoring on vaccinated and unvaccinated poultry flocks and movement restrictions for vaccinated birds have to be implemented.
(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:

Subject matter, scope and definitions

1. This Decision lays down certain measures to be applied in France where preventive vaccination is carried out in certain poultry holdings in defined areas at particular risk for introduction of highly pathogenic avian influenza H5N1 including provisions for movements of vaccinated poultry and certain products derived thereof.
2. For the purpose of this Decision the definitions in Article 2 of Council Directive 2005/94/EC shall apply as appropriate.

Approval of the vaccination programme

1. The plan for preventive vaccination against highly pathogenic avian influenza H5N1, submitted by France to the Commission on 21 February 2006, is approved (‘the preventive vaccination plan’).
The preventive vaccination shall be carried out with inactivated heterologous vaccine of avian influenza subtypes H5 authorised by France in ducks and geese in the areas listed in the Annex (‘the preventive vaccination areas’).
2. Intensive monitoring and surveillance, as set out in the preventive vaccination plan shall be carried out in the preventive vaccination areas.
3. The preventive vaccination plan shall be implemented efficiently.
4. The Commission shall publish the preventive vaccination plan.

Provisions for movements of live poultry, hatching eggs, day-old chicks, fresh poultry meat, minced meat, meat preparations, mechanically separated meat and meat products

Provisions for movements of live poultry and hatching eggs coming from and/or originating from holdings in which preventive vaccination is carried out and on movement of day-old chicks and fresh poultry meat, minced meat, meat preparations, mechanically separated meat and meat products derived from poultry vaccinated in accordance with the preventive vaccination plan shall meet the requirements laid down in Article 4 to 9 of this Decision.

Provisions for movements and dispatch of live poultry, hatching eggs and day-old chicks

1. The competent authority shall ensure that vaccinated poultry may only be moved from its holding to:
(a)
other holdings where vaccination is carried out; or
(b)
other holdings where only vaccinated poultry are kept; or
(c)
other holdigns where complete separation between vaccinated and non vaccinated poultry can be ensured; or
(d)
a slaughterhouse for immediate slaughter,
within France.
2. No vaccinated live poultry, hatching eggs and day-old chicks originating from such poultry shall be dispatched from France.
3. No live poultry, hatching eggs and day-old chicks originating from holdings where vaccination has been carried out or from the holdings referred to in paragraph 1(a), 1(b) or 1(c) shall be dispatched from France.

Health certification for intra-Community trade for consignments of live poultry, day-old chicks and hatching eggs

Health certificates for intra-Community trade in live poultry, day-old chicks and hatching eggs from France shall include the words:
‘The consignment consists of live poultry/day-old chicks/hatching eggs originating from holdings where no vaccination against avian influenza has been carried out’.

Provisions for dispatch of fresh meat of poultry, minced meat, meat preparations, mechanically separated meat and meat products

1. The competent authority shall ensure that fresh meat derived from vaccinated poultry in France is only placed on the market provided that the meat comes from poultry which:
(a)
originate from holdings which have been regularly inspected and tested with negative results for highly pathogenic avian influenza H5N1 in accordance with ‘the preventive vaccination plan’, with particular attention paid to sentinel birds;
(b)
originate from flocks which have been clinically inspected by an official veterinarian within 48 hours before loading, with particular attention paid to sentinel birds;
(c)
are kept separated from other flocks which do not comply with Article 4 and with this Article; and
(d)
that the meat has been produced in accordance with Annex II and Sections II and III of Annex III to Regulation (EC) No 853/2004(4)and controlled in accordance with Sections I, II, III, and Chapters V and VII of Section IV of Annex I to Regulation (EC) No 854/2004(5);
2. The competent authority shall ensure that minced meat, meat preparations, mechanically separated meat and meat products containing meat derived from vaccinated ducks and geese flocks is only dispatched from France if the meat complies with paragraph (1) and are produced in accordance with Sections V and VI of Annex III to Regulation (EC) No 853/2004.

Commercial documents for fresh meat of poultry, minced meat, meat preparations, mechanically separated meat and meat products

France shall ensure that fresh meat of poultry, minced meat, meat preparations, mechanically separated meat and meat products complying with the conditions set out in Article 6 is accompanied by commercial documents stating:
‘The consignment complies with the animal health conditions laid down in Commission Decision 2006/148/EC.’

Information to Member States

France shall inform in advance the central veterinary authority in the Member State of destination on movements of consignments referred to in Article 7.

Washing and disinfection of packaging and means of transport

France shall ensure that the following measures are taken on holdings, located in areas as listed in the Annex, where preventive vaccination is carried out:
(a)
only disposable packaging material, or packaging material which can be effectively washed and disinfected, is used for the collection, storage and transport of hatching eggs and day-old chicks;
(b)
all means of transport used for transporting live poultry, hatching eggs, day-old poultry, fresh poultry meat, minced meat, meat preparations, mechanically separated meat and meat products and poultry feedstuff are cleaned and disinfected immediately before and after each transport with disinfectants and methods of use approved by the competent authority.

Penalties

France shall lay down the rules on penalties applicable to infringements of provisions of this Decision and shall take all the measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. France shall notify those provisions to the Commission by 7 March 2006 at the latest and shall notify the Commission of any subsequent amendments thereof.

Reports

France shall submit a report containing information on the effectiveness of the preventive vaccination plan to the Commission within one month from the date of application of this Decision and give monthly reports at the Standing Committee on the Food Chain and Animal Health starting as from 7 March 2006.

Review of measures

The measures shall be reviewed in the light of the development of the epidemiological situation and new information becoming available.

Addressee

This Decision is addressed to the French Republic.

AREAS WHERE PREVENTIVE VACCINATION AGAINST AVIAN INFLUENZA IS CARRIED OUT IN CERTAIN DUCK AND GEESE HOLDINGS

ANNEXList of communesDÉPARTEMENT DES LANDES
| AIRE-SUR-L’ADOUR
| ANGRESSE
| ARBOUCAVE
| ARTASSENX
| ARTHEZ-D’ARMAGNAC
| AUBAGNAN
| AUDIGNON
| BAHUS-SOUBIRAN
| BASCONS
| BAS-MAUCO
| BATS
| BÉNESSE-MAREMNE
| BENQUET
| BETBEZER-D’ARMAGNAC
| BIARROTTE
| BIAUDOS
| BISCARROSSE
| BORDÈRES-ET-LAMENSANS
| BOSTENS
| BOUGUE
| BOURDALAT
| BRETAGNE-DE-MARSAN
| BUANES
| CAPBRETON
| CASTANDET
| CASTELNAU-TURSAN
| CAZÈRES-SUR-L’ADOUR
| CLASSUN
| CLÈDES
| COUDURES
| CRÉON-D’ARMAGNAC
| DUHORT-BACHEN
| DUMES
| ESCALANS
| ESTIGARDE
| EUGÉNIE-LES-BAINS
| EYRES-MONCUBE
| FARGUES
| FRÈCHE (LE)
| GABARRET
| GAILLÈRES
| GEAUNE
| GRENADE-SUR-L’ADOUR
| HAGETMAU
| HAUT-MAUCO
| HERRÉ
| HONTANX
| HORSARRIEU
| LABASTIDE-CHALOSSE
| LABASTIDE-D’ARMAGNAC
| LABENNE
| LACAJUNTE
| LACQUY
| LACRABE
| LAGLORIEUSE
| LAGRANGE
| LARRIVIÈRE
| LATRILLE
| LAURET
| LOSSE
| LUSSAGNET
| MANT
| MAURIES
| MAURRIN
| MAUVEZIN-D’ARMAGNAC
| MAZEROLLES
| MIRAMONT-SENSACQ
| MOMUY
| MONGET
| MONSÉGUR
| MONT-DE-MARSAN
| MONTÉGUT
| MONTGAILLARD
| MONTSOUÉ
| MORGANX
| ONDRES
| ORX
| PARLEBOSCQ
| PAYROS-CAZAUTETS
| PÉCORADE
| PERQUIE
| PEYRE
| PHILONDENX
| PIMBO
| PORT-DE-LANNE
| POUDENX
| POUYDESSEAUX
| PUJO-LE-PLAN
| PUYOL-CAZALET
| RENUNG
| RIMBEZ-ET-BAUDIETS
| SAINT-AGNET
| SAINT-ANDRÉ-DE-SEIGNANX
| SAINT-BARTHÉLEMY
| SAINTE-COLOMBE
| SAINT-CRICQ-VILLENEUVE
| SAINT-ÉTIENNE-D’ORTHE
| SAINTE-FOY
| SAINT-GEIN
| SAINT-JEAN-DE-MARSACQ
| SAINT-JULIEN-D’ARMAGNAC
| SAINT-JUSTIN
| SAINT-LAURENT-DE-GOSSE
| SAINT-LOUBOUER
| SAINTE-MARIE-DE-GOSSE
| SAINT-MARTIN-DE-HINX
| SAINT-MARTIN-DE-SEIGNANX
| SAINT-MAURICE-SUR-L’ADOUR
| SAINT-PIERRE-DU-MONT
| SAINT-SEVER
| SAINT-VINCENT-DE-TYROSSE
| SAMADET
| SANGUINET
| SARRAZIET
| SARRON
| SAUBION
| SAUBRIGUES
| SERRES-GASTON
| SOORTS-HOSSEGOR
| SORBETS
| TARNOS
| URGONS
| VIELLE-TURSAN
| VIGNAU (LE)
| VILLENEUVE-DE-MARSANDÉPARTEMENT DE LA LOIRE-ATLANTIQUE
| ARTHON-EN-RETZ
| ASSÉRAC
| AVESSAC
| BASSE-GOULAINE
| BAULE-ESCOUBLAC (LA)
| BATZ-SUR-MER
| BERNERIE-EN-RETZ (LA)
| BESNÉ
| BIGNON (LE)
| BLAIN
| BOUAYE
| BOUÉE
| BOUGUENAIS
| BOURGNEUF-EN-RETZ
| BOUVRON
| BRAINS
| CAMPBON
| CARQUEFOU
| CHAPELLE-DES-MARAIS (LA)
| CHAPELLE-GLAIN (LA)
| CHAPELLE-LAUNAY (LA)
| CHAPELLE-SUR-ERDRE (LA)
| CHAUVÉ
| CHEIX-EN-RETZ
| CHÉMÉRÉ
| CHEVROLIÈRE (LA)
| CONQUÉREUIL
| CORDEMAIS
| CORSEPT
| COUËRON
| CROISIC (LE)
| CROSSAC
| DONGES
| DREFFÉAC
| FAY-DE-BRETAGNE
| FÉGRÉAC
| FRESNAY-EN-RETZ
| FROSSAY
| GÂVRE (LE)
| GENESTON
| GRIGONNAIS (LA)
| GUÉMÉNÉ-PENFAO
| GUENROUET
| GUÉRANDE
| HERBIGNAC
| INDRE
| JUIGNÉ-DES-MOUTIERS
| LIMOUZINIÈRE (LA)
| LAVAU-SUR-LOIRE
| MACHECOUL
| MALVILLE
| MARNE (LA)
| MARSAC-SUR-DON
| MASSÉRAC
| MESQUER
| MISSILLAC
| MONTAGNE (LA)
| MONTOIR-DE-BRETAGNE
| MOUTIERS-EN-RETZ (LES)
| NANTES
| NOTRE-DAME-DES-LANDES
| ORVAULT
| PAIMBOEUF
| PELLERIN (LE)
| PIERRIC
| PIRIAC-SUR-MER
| PLAINE-SUR-MER (LA)
| PLESSÉ
| PONT-CHÂTEAU
| PONT-SAINT-MARTIN
| PORNIC
| PORNICHET
| PORT-SAINT-PÈRE
| POULIGUEN (LE)
| PRÉFAILLES
| PRINQUIAU
| QUILLY
| REZÉ
| ROUANS
| SAINT-AIGNAN-GRANDLIEU
| SAINT-ANDRÉ-DES-EAUX
| SAINTE-ANNE-SUR-BRIVET
| SAINT-BRÉVIN-LES-PINS
| SAINT-COLOMBAN
| SAINT-ÉTIENNE-DE-MONTLUC
| SAINT-GILDAS-DES-BOIS
| SAINT-HERBLAIN
| SAINT-HILAIRE-DE-CHALÉONS
| SAINT-JEAN-DE-BOISEAU
| SAINT-JOACHIM
| SAINT-JULIEN-DE-VOUVANTES
| SAINT-LÉGER-LES-VIGNES
| SAINTE-LUCE-SUR-LOIRE
| SAINT-LUMINE-DE-COUTAIS
| SAINT-LYPHARD
| SAINT-MALO-DE-GUERSAC
| SAINT-MARS-DE-COUTAIS
| SAINT-MÊME-LE-TENU
| SAINT-MICHEL-CHEF-CHEF
| SAINT-MOLF
| SAINT-NAZAIRE
| SAINT-NICOLAS-DE-REDON
| SAINTE-PAZANNE
| SAINT-PÈRE-EN-RETZ
| SAINT-PHILBERT-DE-GRAND-LIEU
| SAINTE-REINE-DE-BRETAGNE
| SAINT-SÉBASTIEN-SUR-LOIRE
| SAINT-VIAUD
| SAUTRON
| SAVENAY
| SÉVERAC
| SORINIÈRES (LES)
| TEMPLE-DE-BRETAGNE (LE)
| TREILLIÈRES
| TRIGNAC
| TURBALLE (LA)
| VAY
| VERTOU
| VIGNEUX-DE-BRETAGNE
| VUEDÉPARTEMENT DE LA VENDÉE
| AIGUILLON-SUR-MER (L’)
| AIGUILLON-SUR-VIE (L’)
| ANGLES
| AUZAY
| AVRILLÉ
| BARBÂTRE
| BARRE-DE-MONTS (LA)
| BEAUVOIR-SUR-MER
| BENET
| BERNARD (LE)
| BESSAY
| BOIS-DE-CÉNÉ
| BOISSIÈRE-DES-LANDES (LA)
| BOUILLÉ-COURDAULT
| BOUIN
| BREM-SUR-MER
| BRÉTIGNOLLES-SUR-MER
| BRETONNIÈRE (LA)
| CHAILLÉ-LES-MARAIS
| CHAILLÉ-SOUS-LES-ORMEAUX
| CHAIX
| CHAIZE-GIRAUD (LA)
| CHAPELLE-ACHARD (LA)
| CHAMPAGNÉ-LES-MARAIS
| CHAMP-SAINT-PÈRE (LE)
| CHASNAIS
| CHÂTEAU-D’OLONNE
| CHÂTEAU-GUIBERT
| CHÂTEAUNEUF
| CLAYE (LA)
| CORPE
| COUTURE (LA)
| CURZON
| DAMVIX
| DOIX
| ÉPINE (L’)
| FAUTE-SUR-MER (LA)
| FENOUILLER (LE)
| FONTAINES
| FONTENAY-LE-COMTE
| GIROUARD (LE)
| GIVRAND
| GIVRE (LE)
| GROSBREUIL
| GRUES
| GUÉ-DE-VELLUIRE (LE)
| GUÉRINIÈRE (LA)
| ÎLE-D’ELLE (L’)
| ÎLE-D’OLONNE (L’)
| JARD-SUR-MER
| JONCHÈRE (LA)
| LAIROUX
| LANDEVIEILLE
| LANGON (LE)
| LIEZ
| LONGÈVES
| LONGEVILLE-SUR-MER
| LUÇON
| MAGNILS-REIGNIERS (LES)
| MAILLÉ
| MAILLEZAIS
| MAREUIL-SUR-LAY-DISSAIS
| MAZEAU (LE)
| MONTREUIL
| MOREILLES
| MOTHE-ACHARD (LA)
| MOUTIERS-LES-MAUXFAITS
| MOUTIERS-SUR-LE-LAY
| MOUZEUIL-SAINT-MARTIN
| NALLIERS
| NIEUL-LE-DOLENT
| NIEUL-SUR-L’AUTISE
| NOIRMOUTIER-EN-L’ÎLE
| NOTRE-DAME-DE-MONTS
| OLONNE-SUR-MER
| ORBRIE (L’)
| OULMES
| PÉAULT
| PERRIER (LE)
| PETOSSE
| PISSOTTE
| POIRÉ-SUR-VELLUIRE (LE)
| POIROUX
| POUILLÉ
| PUYRAVAULT
| ROSNAY
| SABLES-D’OLONNE (LES)
| SAINT-AUBIN-LA-PLAINE
| SAINT-AVAUGOURD-DES-LANDES
| SAINT-BENOIST-SUR-MER
| SAINT-CYR-EN-TALMONDAIS
| SAINT-DENIS-DU-PAYRÉ
| SAINT-ÉTIENNE-DE-BRILLOUET
| SAINTE-FOY
| SAINTE-GEMME-LA-PLAINE
| SAINT-GERVAIS
| SAINT-GILLES-CROIX-DE-VIE
| SAINTE-HERMINE
| SAINT-HILAIRE-DE-RIEZ
| SAINT-HILAIRE-DES-LOGES
| SAINT-HILAIRE-LA-FORÊT
| SAINT-JEAN-DE-BEUGNÉ
| SAINT-JEAN-DE-MONTS
| SAINT-JULIEN-DES-LANDES
| SAINT-MARTIN-DE-FRAIGNEAU
| SAINT-MATHURIN
| SAINT-MICHEL-EN-L’HERM
| SAINT-MICHEL-LE-CLOUCQ
| SAINTE-PEXINE
| SAINT-PIERRE-LE-VIEUX
| SAINTE-RADEGONDE-DES-NOYERS
| SAINT-RÉVÉREND
| SAINT-SIGISMOND
| SAINT-URBAIN
| SAINT-VINCENT-SUR-GRAON
| SAINT-VINCENT-SUR-JARD
| SALLERTAINE
| SÉRIGNÉ
| TABLIER (LE)
| TAILLÉE (LA)
| TALMONT-SAINT-HILAIRE
| TRANCHE-SUR-MER (LA)
| TRIAIZE
| VAIRÉ
| VELLUIRE
| VIX
| VOUILLÉ-LES-MARAIS
| XANTON-CHASSENON

Pending: 32006D0147

January 16, 2026
25.2.2006 EN Official Journal of the European Union L 55/47
(1) Avian influenza is an infectious viral disease in poultry and birds, causing mortality and disturbances which can quickly take epizootic proportions liable to present a serious threat to animal health and under certain circumstances to human health. There is a risk that the disease agent might be spread to other holdings thus reducing sharply the profitability of poultry farming, to wild birds and from one Member State to other Member States and third countries through the international trade in live birds or their products.
(2) Highly pathogenic avian influenza A virus of subtype H5N1 has been isolated from wild birds in certain parts of the Community and in third countries adjacent to the Community or populated by migratory birds during winter. The likelihood of virus introduction with wild birds is increasing during the forthcoming migratory season.
(3) Early detection systems and biosecurity measures to reduce the risk of transmission of avian influenza to poultry flocks are in place in the whole territory of the Netherlands.
(4) In its opinion on ‘Animal health and welfare aspects of avian influenza’ of 20 September 2005 the Animal Health and Welfare Panel of the European Food Safety Authority (EFSA) recommends that preventive vaccination can be considered if a high risk of virus introduction is identified in densely populated poultry areas. During an avian influenza epidemic there is always a significant risk that hobby and pet birds are hidden and constitute an ongoing risk of infection. This occurrence should be considered, and instead of mass culling of such birds, a policy of increased surveillance and biosecurity may be recommended. In addition, quarantine and vaccination may be considered as options for these types of birds. However, such a practice should not jeopardise the strict biosecurity and other measures that should be in force in such areas aimed at eradicating any introduction of virus. In particular, vaccination may be applied in flocks in which the general flock management systems that are used preclude birds being permanently housed indoors or sufficiently protected against contacts with wild birds.
(5) On 21 February 2006, the Netherlands have submitted to the Commission for approval a plan for preventive vaccination in the light of the particular risk of introduction of avian influenza into their territory. The Commission has immediately examined this plan in collaboration with the Netherlands and deems that after certain adaptations it is in conformity with the relevant Community provisions. It appears therefore appropriate to approve this plan.
(6) Only vaccines authorised in accordance with Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products(2)or Regulation No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency(3)should be used.
(7) Where preventive vaccination is carried out in the Netherlands monitoring on vaccinated and unvaccinated poultry flocks and movement restrictions for vaccinated birds have to be implemented.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
(a) ‘backyard poultry’ means chicken, ducks, turkeys and geese which are kept by their owners:(i)for their own consumption or use; or(ii)as pets. (i) for their own consumption or use; or (ii) as pets.
(i) for their own consumption or use; or
(ii) as pets.
(i) for their own consumption or use; or
(ii) as pets.
(b) ‘organic’ and ‘free range layers’ means laying hens as defined in Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hensand Commission Directive 2002/4/EC(4)of 30 January 2002 on the registration of establishments keeping laying hens, covered by Council Directive 1999/74/EC which have access to open runs.
1. Vaccinated backyard poultry must be individually identified and may only be moved to other vaccinated backyard holdings within the Netherlands in accordance with ‘the preventive vaccination plan’ which requires records of such movements.
2. No vaccinated backyard poultry and no day-old poultry and hatching eggs originating from such poultry may be moved to commercial poultry holdings within the Netherlands or dispatched to another Member State.
(a) come from poultry which originate from flocks which have been regularly inspected and tested with negative results for highly pathogenic avian influenza H5N1 in accordance with ‘the preventive vaccination plan’, with particular attention paid to sentinel birds; and
(b) are directly transported:(i)to a packing centre designated by the competent authority provided that they are packed in disposable packaging and that all biosecurity measures required by the competent authority are applied; or(ii)to an establishment for the manufacture of egg products as set out in Chapter II of Section X of Annex III to Regulation (EC) No 853/2004(5)to be handled and treated in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004(6). (i) to a packing centre designated by the competent authority provided that they are packed in disposable packaging and that all biosecurity measures required by the competent authority are applied; or (ii) to an establishment for the manufacture of egg products as set out in Chapter II of Section X of Annex III to Regulation (EC) No 853/2004(5)to be handled and treated in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004(6).
(i) to a packing centre designated by the competent authority provided that they are packed in disposable packaging and that all biosecurity measures required by the competent authority are applied; or
(ii) to an establishment for the manufacture of egg products as set out in Chapter II of Section X of Annex III to Regulation (EC) No 853/2004(5)to be handled and treated in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004(6).
(i) to a packing centre designated by the competent authority provided that they are packed in disposable packaging and that all biosecurity measures required by the competent authority are applied; or
(ii) to an establishment for the manufacture of egg products as set out in Chapter II of Section X of Annex III to Regulation (EC) No 853/2004(5)to be handled and treated in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004(6).
(a) originate from flocks which have been regularly inspected and tested with negative results for highly pathogenic avian influenza H5N1 in accordance with ‘the preventive vaccination plan’ with particular attention paid to sentinel birds;
(b) originate from flocks which have been clinically inspected by an official veterinarian within 48 hours before loading, with particular attention paid to sentinel birds;
(c) are kept separated from other flocks which do not comply with this Article; and
(d) the meat has been produced in accordance with Annex II and Sections II and III of Annex III to Regulation (EC) No 853/2004 and controlled in accordance with Sections I, II, III, and Chapters V and VII of Section IV of Annex I to Regulation (EC) No 854/2004(7);
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC(1), and in particular, Article 57 (2) thereof;
(1) Avian influenza is an infectious viral disease in poultry and birds, causing mortality and disturbances which can quickly take epizootic proportions liable to present a serious threat to animal health and under certain circumstances to human health. There is a risk that the disease agent might be spread to other holdings thus reducing sharply the profitability of poultry farming, to wild birds and from one Member State to other Member States and third countries through the international trade in live birds or their products.
(2) Highly pathogenic avian influenza A virus of subtype H5N1 has been isolated from wild birds in certain parts of the Community and in third countries adjacent to the Community or populated by migratory birds during winter. The likelihood of virus introduction with wild birds is increasing during the forthcoming migratory season.
(3) Early detection systems and biosecurity measures to reduce the risk of transmission of avian influenza to poultry flocks are in place in the whole territory of the Netherlands.
(4) In its opinion on ‘Animal health and welfare aspects of avian influenza’ of 20 September 2005 the Animal Health and Welfare Panel of the European Food Safety Authority (EFSA) recommends that preventive vaccination can be considered if a high risk of virus introduction is identified in densely populated poultry areas. During an avian influenza epidemic there is always a significant risk that hobby and pet birds are hidden and constitute an ongoing risk of infection. This occurrence should be considered, and instead of mass culling of such birds, a policy of increased surveillance and biosecurity may be recommended. In addition, quarantine and vaccination may be considered as options for these types of birds. However, such a practice should not jeopardise the strict biosecurity and other measures that should be in force in such areas aimed at eradicating any introduction of virus. In particular, vaccination may be applied in flocks in which the general flock management systems that are used preclude birds being permanently housed indoors or sufficiently protected against contacts with wild birds.
(5) On 21 February 2006, the Netherlands have submitted to the Commission for approval a plan for preventive vaccination in the light of the particular risk of introduction of avian influenza into their territory. The Commission has immediately examined this plan in collaboration with the Netherlands and deems that after certain adaptations it is in conformity with the relevant Community provisions. It appears therefore appropriate to approve this plan.
(6) Only vaccines authorised in accordance with Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products(2)or Regulation No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency(3)should be used.
(7) Where preventive vaccination is carried out in the Netherlands monitoring on vaccinated and unvaccinated poultry flocks and movement restrictions for vaccinated birds have to be implemented.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:

Subject matter, scope and definitions
Article 1
1. This Decision lays down certain measures to be applied in the Netherlands where preventive vaccination is carried out in certain poultry holdings at particular risk for introduction of infection including movement restrictions on vaccinated poultry and certain products derived thereof.
2. For the pupose of this Decision, in addition to the definitions laid down in Council Directive 2005/94/EC the following definitions shall apply:
(a)
‘backyard poultry’ means chicken, ducks, turkeys and geese which are kept by their owners:
(i)
for their own consumption or use; or
(ii)
as pets.
(b)
‘organic’ and ‘free range layers’ means laying hens as defined in Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hensand Commission Directive 2002/4/EC(4)of 30 January 2002 on the registration of establishments keeping laying hens, covered by Council Directive 1999/74/EC which have access to open runs.

Approval of the vaccination programme
Article 2
1. The plan for preventive vaccination against highly pathogenic avian influenza H5N1, submitted by the Netherlands to the Commission on 21 February 2006, is approved (‘the preventive vaccination plan’).
In accordance with ‘the preventive vaccination plan’ the preventive vaccination against avian influenza H5N1 shall be carried out with an inactivated heterologous vaccine of avian influenza subtype H5 or in exceptional circumstances and only in the case of organic and free range layers with a bivalent vaccine containing both avian influenza subtypes H5 an H7 authorised by the Netherlands in backyard poultry, organic and free range layers in the whole territory of the Netherlands.
2. Intensive monitoring and surveillance, as set out in the ‘the preventive vaccination plan’ shall be carried out in the backyard poultry and flocks of organic or free range layers where preventive vaccination is carried out.
3. The preventive vaccination plan shall be implemented efficiently.
4. The Commission shall publish the preventive vaccination plan.

Provisions for movements of live poultry, table eggs, fresh poultry meat, minced meat, meat preparations, mechanically separated meat and meat products
Article 3
The provisions for movements of live poultry coming from and/or originating from holdings in which preventive vaccination is carried out and on movements of table eggs, fresh poultry meat, minced meat, meat preparations, mechanically separated meat and meat products derived from vaccinated poultry in accordance with ‘the preventive vaccination plan’ shall apply in accordance with Article 4 to 11 of this Decision.

Provisions for movements and dispatch of live backyard poultry and day-old poultry and hatching eggs derived from such poultry
Article 4
The competent authority shall ensure that:
1.
Vaccinated backyard poultry must be individually identified and may only be moved to other vaccinated backyard holdings within the Netherlands in accordance with ‘the preventive vaccination plan’ which requires records of such movements.
2.
No vaccinated backyard poultry and no day-old poultry and hatching eggs originating from such poultry may be moved to commercial poultry holdings within the Netherlands or dispatched to another Member State.

Provisions for movements and dispatch of live organic and free range layers
Article 5
The competent authority shall ensure that vaccinated live organic and free range layers may only be moved either to other holdings where vaccination is carried out or to a slaughterhouse for immediate slaughter within the Netherlands and may not be dispatched from the Netherlands.

Health certification for intra-Community trade in live poultry, day-old poultry and hatching eggs
Article 6
Health certificates for intra-Community trade in live poultry, day-old poultry and hatching eggs from the Netherlands shall include the words:
‘The consignment consists of live poultry/day-old poultry/hatching eggs originating from holdings where no vaccination against avian influenza has been carried out’.

Provisions for dipatch of table eggs
Article 7
The competent authority shall ensure that table eggs that come from and/or originate from organic and free range layer holdings in which preventive vaccination is carried out are only dispatched from the Netherlands provided that the table eggs:
(a)
come from poultry which originate from flocks which have been regularly inspected and tested with negative results for highly pathogenic avian influenza H5N1 in accordance with ‘the preventive vaccination plan’, with particular attention paid to sentinel birds; and
(b)
are directly transported:
(i)
to a packing centre designated by the competent authority provided that they are packed in disposable packaging and that all biosecurity measures required by the competent authority are applied; or
(ii)
to an establishment for the manufacture of egg products as set out in Chapter II of Section X of Annex III to Regulation (EC) No 853/2004(5)to be handled and treated in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004(6).

Provisions for dispatch of fresh meat of poultry, minced meat, meat preparations, mechanically separated meat and meat products
Article 8
1. The competent authority shall ensure that fresh meat derived from vaccinated organic and free range layer flocks is only dispatched from the Netherlands, provided that the meat comes from poultry which:
(a)
originate from flocks which have been regularly inspected and tested with negative results for highly pathogenic avian influenza H5N1 in accordance with ‘the preventive vaccination plan’ with particular attention paid to sentinel birds;
(b)
originate from flocks which have been clinically inspected by an official veterinarian within 48 hours before loading, with particular attention paid to sentinel birds;
(c)
are kept separated from other flocks which do not comply with this Article; and
(d)
the meat has been produced in accordance with Annex II and Sections II and III of Annex III to Regulation (EC) No 853/2004 and controlled in accordance with Sections I, II, III, and Chapters V and VII of Section IV of Annex I to Regulation (EC) No 854/2004(7);
2. The competent authority shall ensure that minced meat, meat preparations, mechanically separated meat and meat products containing meat derived from vaccinated organic and free range layer flocks is only dispatched from the Netherlands if the meat complies with paragraph (1) and are produced in accordance with Sections V and VI of Annex III to Regulation (EC) No 853/2004.

Commercial documents for fresh poultry meat, minced meat, meat preparations, mechanically separated meat and meat products
Article 9
The Netherlands shall ensure that fresh poultry meat, minced meat, meat preparations, mechanically separated meat and meat products complying with the conditions set out in Article 8 is accompanied by a commercial document stating:
‘The consignment complies with the animal health conditions laid down in Commission Decision 2006/147/EC’.

Information to Member States
Article 10
The Netherlands shall inform in advance the central veterinary authority in the Member State of destination on movements of consignments referred to in Article 9.

Washing and disinfection of packaging and means of transport
Article 11
The Netherlands shall ensure that in holdings where preventive vaccination is carried out all means of transport used for transporting live poultry, fresh poultry meat, minced meat, meat preparations, mechanically separated meat, meat products and poultry feedstuff are cleaned and disinfected immediately before and after each transport with disinfectants and methods of use approved by the competent authority.

Penalties
Article 12
The Netherlands shall lay down the rules on penalties applicable to infringements of provisions of this decision and shall take all the measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Netherlands shall notify those provisions to the Commission by 7 March 2006 at the latest and shall notify the Commission of any subsequent amendments thereof.

Reports
Article 13
The Netherlands shall submit a report containing information on the implementation of the preventive vaccination plan to the Commission within one month from the date of application of this Decsion and give monthly reports at the Standing Committee on the Food Chain and Animal Health starting as from 7 March 2006.

Review of measures
Article 14
The measures shall be reviewed in the light of the development of the epidemiological situation and new information becoming available.

Addresses
Article 15
This Decision is addressed to the Kingdom of the Netherlands.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC(1), and in particular, Article 57 (2) thereof;
(1) Avian influenza is an infectious viral disease in poultry and birds, causing mortality and disturbances which can quickly take epizootic proportions liable to present a serious threat to animal health and under certain circumstances to human health. There is a risk that the disease agent might be spread to other holdings thus reducing sharply the profitability of poultry farming, to wild birds and from one Member State to other Member States and third countries through the international trade in live birds or their products.
(2) Highly pathogenic avian influenza A virus of subtype H5N1 has been isolated from wild birds in certain parts of the Community and in third countries adjacent to the Community or populated by migratory birds during winter. The likelihood of virus introduction with wild birds is increasing during the forthcoming migratory season.
(3) Early detection systems and biosecurity measures to reduce the risk of transmission of avian influenza to poultry flocks are in place in the whole territory of the Netherlands.
(4) In its opinion on ‘Animal health and welfare aspects of avian influenza’ of 20 September 2005 the Animal Health and Welfare Panel of the European Food Safety Authority (EFSA) recommends that preventive vaccination can be considered if a high risk of virus introduction is identified in densely populated poultry areas. During an avian influenza epidemic there is always a significant risk that hobby and pet birds are hidden and constitute an ongoing risk of infection. This occurrence should be considered, and instead of mass culling of such birds, a policy of increased surveillance and biosecurity may be recommended. In addition, quarantine and vaccination may be considered as options for these types of birds. However, such a practice should not jeopardise the strict biosecurity and other measures that should be in force in such areas aimed at eradicating any introduction of virus. In particular, vaccination may be applied in flocks in which the general flock management systems that are used preclude birds being permanently housed indoors or sufficiently protected against contacts with wild birds.
(5) On 21 February 2006, the Netherlands have submitted to the Commission for approval a plan for preventive vaccination in the light of the particular risk of introduction of avian influenza into their territory. The Commission has immediately examined this plan in collaboration with the Netherlands and deems that after certain adaptations it is in conformity with the relevant Community provisions. It appears therefore appropriate to approve this plan.
(6) Only vaccines authorised in accordance with Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products(2)or Regulation No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency(3)should be used.
(7) Where preventive vaccination is carried out in the Netherlands monitoring on vaccinated and unvaccinated poultry flocks and movement restrictions for vaccinated birds have to be implemented.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:

Subject matter, scope and definitions

1. This Decision lays down certain measures to be applied in the Netherlands where preventive vaccination is carried out in certain poultry holdings at particular risk for introduction of infection including movement restrictions on vaccinated poultry and certain products derived thereof.
2. For the pupose of this Decision, in addition to the definitions laid down in Council Directive 2005/94/EC the following definitions shall apply:
(a)
‘backyard poultry’ means chicken, ducks, turkeys and geese which are kept by their owners:
(i)
for their own consumption or use; or
(ii)
as pets.
(b)
‘organic’ and ‘free range layers’ means laying hens as defined in Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hensand Commission Directive 2002/4/EC(4)of 30 January 2002 on the registration of establishments keeping laying hens, covered by Council Directive 1999/74/EC which have access to open runs.

Approval of the vaccination programme

1. The plan for preventive vaccination against highly pathogenic avian influenza H5N1, submitted by the Netherlands to the Commission on 21 February 2006, is approved (‘the preventive vaccination plan’).
In accordance with ‘the preventive vaccination plan’ the preventive vaccination against avian influenza H5N1 shall be carried out with an inactivated heterologous vaccine of avian influenza subtype H5 or in exceptional circumstances and only in the case of organic and free range layers with a bivalent vaccine containing both avian influenza subtypes H5 an H7 authorised by the Netherlands in backyard poultry, organic and free range layers in the whole territory of the Netherlands.
2. Intensive monitoring and surveillance, as set out in the ‘the preventive vaccination plan’ shall be carried out in the backyard poultry and flocks of organic or free range layers where preventive vaccination is carried out.
3. The preventive vaccination plan shall be implemented efficiently.
4. The Commission shall publish the preventive vaccination plan.

Provisions for movements of live poultry, table eggs, fresh poultry meat, minced meat, meat preparations, mechanically separated meat and meat products

The provisions for movements of live poultry coming from and/or originating from holdings in which preventive vaccination is carried out and on movements of table eggs, fresh poultry meat, minced meat, meat preparations, mechanically separated meat and meat products derived from vaccinated poultry in accordance with ‘the preventive vaccination plan’ shall apply in accordance with Article 4 to 11 of this Decision.

Provisions for movements and dispatch of live backyard poultry and day-old poultry and hatching eggs derived from such poultry

The competent authority shall ensure that:
1.
Vaccinated backyard poultry must be individually identified and may only be moved to other vaccinated backyard holdings within the Netherlands in accordance with ‘the preventive vaccination plan’ which requires records of such movements.
2.
No vaccinated backyard poultry and no day-old poultry and hatching eggs originating from such poultry may be moved to commercial poultry holdings within the Netherlands or dispatched to another Member State.

Provisions for movements and dispatch of live organic and free range layers

The competent authority shall ensure that vaccinated live organic and free range layers may only be moved either to other holdings where vaccination is carried out or to a slaughterhouse for immediate slaughter within the Netherlands and may not be dispatched from the Netherlands.

Health certification for intra-Community trade in live poultry, day-old poultry and hatching eggs

Health certificates for intra-Community trade in live poultry, day-old poultry and hatching eggs from the Netherlands shall include the words:
‘The consignment consists of live poultry/day-old poultry/hatching eggs originating from holdings where no vaccination against avian influenza has been carried out’.

Provisions for dipatch of table eggs

The competent authority shall ensure that table eggs that come from and/or originate from organic and free range layer holdings in which preventive vaccination is carried out are only dispatched from the Netherlands provided that the table eggs:
(a)
come from poultry which originate from flocks which have been regularly inspected and tested with negative results for highly pathogenic avian influenza H5N1 in accordance with ‘the preventive vaccination plan’, with particular attention paid to sentinel birds; and
(b)
are directly transported:
(i)
to a packing centre designated by the competent authority provided that they are packed in disposable packaging and that all biosecurity measures required by the competent authority are applied; or
(ii)
to an establishment for the manufacture of egg products as set out in Chapter II of Section X of Annex III to Regulation (EC) No 853/2004(5)to be handled and treated in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004(6).

Provisions for dispatch of fresh meat of poultry, minced meat, meat preparations, mechanically separated meat and meat products

1. The competent authority shall ensure that fresh meat derived from vaccinated organic and free range layer flocks is only dispatched from the Netherlands, provided that the meat comes from poultry which:
(a)
originate from flocks which have been regularly inspected and tested with negative results for highly pathogenic avian influenza H5N1 in accordance with ‘the preventive vaccination plan’ with particular attention paid to sentinel birds;
(b)
originate from flocks which have been clinically inspected by an official veterinarian within 48 hours before loading, with particular attention paid to sentinel birds;
(c)
are kept separated from other flocks which do not comply with this Article; and
(d)
the meat has been produced in accordance with Annex II and Sections II and III of Annex III to Regulation (EC) No 853/2004 and controlled in accordance with Sections I, II, III, and Chapters V and VII of Section IV of Annex I to Regulation (EC) No 854/2004(7);
2. The competent authority shall ensure that minced meat, meat preparations, mechanically separated meat and meat products containing meat derived from vaccinated organic and free range layer flocks is only dispatched from the Netherlands if the meat complies with paragraph (1) and are produced in accordance with Sections V and VI of Annex III to Regulation (EC) No 853/2004.

Commercial documents for fresh poultry meat, minced meat, meat preparations, mechanically separated meat and meat products

The Netherlands shall ensure that fresh poultry meat, minced meat, meat preparations, mechanically separated meat and meat products complying with the conditions set out in Article 8 is accompanied by a commercial document stating:
‘The consignment complies with the animal health conditions laid down in Commission Decision 2006/147/EC’.

Information to Member States

The Netherlands shall inform in advance the central veterinary authority in the Member State of destination on movements of consignments referred to in Article 9.

Washing and disinfection of packaging and means of transport

The Netherlands shall ensure that in holdings where preventive vaccination is carried out all means of transport used for transporting live poultry, fresh poultry meat, minced meat, meat preparations, mechanically separated meat, meat products and poultry feedstuff are cleaned and disinfected immediately before and after each transport with disinfectants and methods of use approved by the competent authority.

Penalties

The Netherlands shall lay down the rules on penalties applicable to infringements of provisions of this decision and shall take all the measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Netherlands shall notify those provisions to the Commission by 7 March 2006 at the latest and shall notify the Commission of any subsequent amendments thereof.

Reports

The Netherlands shall submit a report containing information on the implementation of the preventive vaccination plan to the Commission within one month from the date of application of this Decsion and give monthly reports at the Standing Committee on the Food Chain and Animal Health starting as from 7 March 2006.

Review of measures

The measures shall be reviewed in the light of the development of the epidemiological situation and new information becoming available.

Addresses

This Decision is addressed to the Kingdom of the Netherlands.

Pending: 32006D0133

January 16, 2026
23.2.2006 EN Official Journal of the European Union L 52/34
(1) Where a Member State considers that there is an imminent danger of the introduction into its territory ofBursaphelenchus xylophilus(Steiner et Buhrer) Nickleet al.(the pine wood nematode (PWN)), from another Member State, it should be authorised to temporarily take any additional measures necessary to protect itself from that danger.
(2) Portugal informed the other Member States and the Commission on 25 June 1999 that some samples of pine trees originating in its territory were identified as infested by PWN. The Commission has adopted Decisions 2000/58/EC(2)and 2001/218/EC(3)defining measures to be taken against PWN.
(3) On the basis of assessments by the Food and Veterinary Office, most recently in November 2004, additional information submitted by Portugal and official surveys carried out by the other Member States on wood, isolated bark and plants ofAbiesMill.,CedrusTrew,LarixMill.,PiceaA. Dietr.,PinusL.,PseudotsugaCarr. andTsugaCarr., it appears that as a result of the application of an eradication programme in Portugal, the spread of PWN remains limited to the demarcated areas in Portugal. However, trees showing symptoms of infestation by PWN were still found during surveys of those areas.
(4) The implementation of the Portuguese mid-term eradication plan for PWN of February 2003, as amended in June 2003, was evaluated by the Standing Committee on Plant Health in its meetings of July 2004 and May 2005. During the latter meeting it was concluded that the aimed reduction of infection level in the demarcated zone had not been fully achieved so far.
(5) It is therefore necessary for Portugal to continue to take specific measures with respect to movements of wood, isolated bark and host plants within demarcated areas in Portugal and from such areas into other areas of Portugal and into the other Member States.
(6) It is also necessary that Portugal continues to take measures to control the spread of PWN with the aim of eradication. Therefore, an updated mid-term eradication plan to better control the spread of PWN with the aim of eradicating should be presented.
(7) The other Member States should continue to have the possibility to apply additional measures to protect their territories from PWN.
(8) The results of the specific measures and of the implementation of the mid-term plan should be assessed continuously, in particular on the basis of information to be provided by Portugal and the other Member States.
(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
(a) ‘the pine wood nematode (PWN)’:Bursaphelenchus xylophilus(Steiner et Buhrer) Nickleet al.;
(b) ‘susceptible wood and bark’: wood and isolated bark of conifers (Coniferales), except that ofThujaL.;
(c) ‘susceptible plants’: plants (other than fruit and seeds) ofAbiesMill.,CedrusTrew,LarixMill.,PiceaA. Dietr.,PinusL.,PseudotsugaCarr. andTsugaCarr.
(a) subject consignments of susceptible wood, bark and plants, coming from demarcated areas in Portugal and moved into their territory, to testing for the presence of PWN;
(b) take further appropriate steps to carry out official monitoring in respect of such consignments, to ascertain whether they comply with the relevant conditions specified in the Annex.
1. Without prejudice to the provisions referred to in point 2, in the case of movements from demarcated areas into areas in Portugal, other than demarcated areas or into other Member States of:(a)susceptible plants shall be accompanied by a plant passport prepared and issued in accordance with the provisions of Commission Directive 92/105/EEC(1), after:—the plants have been officially inspected and found free from signs or symptoms of PWN, and—no symptoms of PWN have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation;(b)susceptible wood and isolated bark, other than wood in the form of:—chips, particles, wood waste or scrap obtained in whole or part from these conifers,—packing cases, crates or drums,—pallets, box pallets or other load boards,—dunnage, spacers and bearers,but including that which has not kept its natural round surface, shall be accompanied by the plant passport referred to in point 1(a), after the wood or the isolated bark has undergone an appropriate heat treatment to achieve a minimum wood core temperature of 56 °C for 30 minutes in order to ensure freedom from live PWNs;(c)susceptible wood, in the form of chips, particles, wood waste or scrap obtained in whole or part from these conifers shall be accompanied by the said plant passport after having undergone an appropriate fumigation treatment in order to ensure freedom from live PWNs;(d)susceptible wood, in the form of dunnage, spacers and bearers, including that which has not kept its natural round surface shall:—be stripped of its bark,—be free from grub holes which are larger than 3 mm across,—have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture;(e)susceptible wood, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, whether or not actually in use in the transport of objects of all kinds shall undergo either an appropriate heat treatment to achieve a minimum wood core temperature of 56 °C for 30 minutes, pressure (impregnated) treatment, or fumigation in order to ensure freedom from live PWNs and either display an officially approved treatment marking enabling the identification of where and by whom the treatment has been carried out or be accompanied by the said plant passport attesting to the measures carried out. (a) susceptible plants shall be accompanied by a plant passport prepared and issued in accordance with the provisions of Commission Directive 92/105/EEC(1), after:—the plants have been officially inspected and found free from signs or symptoms of PWN, and—no symptoms of PWN have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation; — the plants have been officially inspected and found free from signs or symptoms of PWN, and — no symptoms of PWN have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation; (b) susceptible wood and isolated bark, other than wood in the form of:—chips, particles, wood waste or scrap obtained in whole or part from these conifers,—packing cases, crates or drums,—pallets, box pallets or other load boards,—dunnage, spacers and bearers,but including that which has not kept its natural round surface, shall be accompanied by the plant passport referred to in point 1(a), after the wood or the isolated bark has undergone an appropriate heat treatment to achieve a minimum wood core temperature of 56 °C for 30 minutes in order to ensure freedom from live PWNs; — chips, particles, wood waste or scrap obtained in whole or part from these conifers, — packing cases, crates or drums, — pallets, box pallets or other load boards, — dunnage, spacers and bearers, (c) susceptible wood, in the form of chips, particles, wood waste or scrap obtained in whole or part from these conifers shall be accompanied by the said plant passport after having undergone an appropriate fumigation treatment in order to ensure freedom from live PWNs; (d) susceptible wood, in the form of dunnage, spacers and bearers, including that which has not kept its natural round surface shall:—be stripped of its bark,—be free from grub holes which are larger than 3 mm across,—have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture; — be stripped of its bark, — be free from grub holes which are larger than 3 mm across, — have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture; (e) susceptible wood, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, whether or not actually in use in the transport of objects of all kinds shall undergo either an appropriate heat treatment to achieve a minimum wood core temperature of 56 °C for 30 minutes, pressure (impregnated) treatment, or fumigation in order to ensure freedom from live PWNs and either display an officially approved treatment marking enabling the identification of where and by whom the treatment has been carried out or be accompanied by the said plant passport attesting to the measures carried out.
(a) susceptible plants shall be accompanied by a plant passport prepared and issued in accordance with the provisions of Commission Directive 92/105/EEC(1), after:—the plants have been officially inspected and found free from signs or symptoms of PWN, and—no symptoms of PWN have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation; — the plants have been officially inspected and found free from signs or symptoms of PWN, and — no symptoms of PWN have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation;
— the plants have been officially inspected and found free from signs or symptoms of PWN, and
— no symptoms of PWN have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation;
(b) susceptible wood and isolated bark, other than wood in the form of:—chips, particles, wood waste or scrap obtained in whole or part from these conifers,—packing cases, crates or drums,—pallets, box pallets or other load boards,—dunnage, spacers and bearers,but including that which has not kept its natural round surface, shall be accompanied by the plant passport referred to in point 1(a), after the wood or the isolated bark has undergone an appropriate heat treatment to achieve a minimum wood core temperature of 56 °C for 30 minutes in order to ensure freedom from live PWNs; — chips, particles, wood waste or scrap obtained in whole or part from these conifers, — packing cases, crates or drums, — pallets, box pallets or other load boards, — dunnage, spacers and bearers,
— chips, particles, wood waste or scrap obtained in whole or part from these conifers,
— packing cases, crates or drums,
— pallets, box pallets or other load boards,
— dunnage, spacers and bearers,
(c) susceptible wood, in the form of chips, particles, wood waste or scrap obtained in whole or part from these conifers shall be accompanied by the said plant passport after having undergone an appropriate fumigation treatment in order to ensure freedom from live PWNs;
(d) susceptible wood, in the form of dunnage, spacers and bearers, including that which has not kept its natural round surface shall:—be stripped of its bark,—be free from grub holes which are larger than 3 mm across,—have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture; — be stripped of its bark, — be free from grub holes which are larger than 3 mm across, — have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture;
— be stripped of its bark,
— be free from grub holes which are larger than 3 mm across,
— have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture;
(e) susceptible wood, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, whether or not actually in use in the transport of objects of all kinds shall undergo either an appropriate heat treatment to achieve a minimum wood core temperature of 56 °C for 30 minutes, pressure (impregnated) treatment, or fumigation in order to ensure freedom from live PWNs and either display an officially approved treatment marking enabling the identification of where and by whom the treatment has been carried out or be accompanied by the said plant passport attesting to the measures carried out.
(a) susceptible plants shall be accompanied by a plant passport prepared and issued in accordance with the provisions of Commission Directive 92/105/EEC(1), after:—the plants have been officially inspected and found free from signs or symptoms of PWN, and—no symptoms of PWN have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation; — the plants have been officially inspected and found free from signs or symptoms of PWN, and — no symptoms of PWN have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation;
— the plants have been officially inspected and found free from signs or symptoms of PWN, and
— no symptoms of PWN have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation;
— the plants have been officially inspected and found free from signs or symptoms of PWN, and
— no symptoms of PWN have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation;
(b) susceptible wood and isolated bark, other than wood in the form of:—chips, particles, wood waste or scrap obtained in whole or part from these conifers,—packing cases, crates or drums,—pallets, box pallets or other load boards,—dunnage, spacers and bearers,but including that which has not kept its natural round surface, shall be accompanied by the plant passport referred to in point 1(a), after the wood or the isolated bark has undergone an appropriate heat treatment to achieve a minimum wood core temperature of 56 °C for 30 minutes in order to ensure freedom from live PWNs; — chips, particles, wood waste or scrap obtained in whole or part from these conifers, — packing cases, crates or drums, — pallets, box pallets or other load boards, — dunnage, spacers and bearers,
— chips, particles, wood waste or scrap obtained in whole or part from these conifers,
— packing cases, crates or drums,
— pallets, box pallets or other load boards,
— dunnage, spacers and bearers,
— chips, particles, wood waste or scrap obtained in whole or part from these conifers,
— packing cases, crates or drums,
— pallets, box pallets or other load boards,
— dunnage, spacers and bearers,
(c) susceptible wood, in the form of chips, particles, wood waste or scrap obtained in whole or part from these conifers shall be accompanied by the said plant passport after having undergone an appropriate fumigation treatment in order to ensure freedom from live PWNs;
(d) susceptible wood, in the form of dunnage, spacers and bearers, including that which has not kept its natural round surface shall:—be stripped of its bark,—be free from grub holes which are larger than 3 mm across,—have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture; — be stripped of its bark, — be free from grub holes which are larger than 3 mm across, — have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture;
— be stripped of its bark,
— be free from grub holes which are larger than 3 mm across,
— have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture;
— be stripped of its bark,
— be free from grub holes which are larger than 3 mm across,
— have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture;
(e) susceptible wood, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, whether or not actually in use in the transport of objects of all kinds shall undergo either an appropriate heat treatment to achieve a minimum wood core temperature of 56 °C for 30 minutes, pressure (impregnated) treatment, or fumigation in order to ensure freedom from live PWNs and either display an officially approved treatment marking enabling the identification of where and by whom the treatment has been carried out or be accompanied by the said plant passport attesting to the measures carried out.
2. In cases of movements within demarcated areas of Portugal:(a)susceptible plants:—grown in places of production where no symptoms of PWN have been observed, or in its immediate vicinity since the beginning of the last complete cycle of vegetation and found free from signs or symptoms of PWN during official inspections, shall be accompanied by the said plant passport when moved from the place of production,—grown in places of production where symptoms of PWN have been observed, or in its immediate vicinity, since the beginning of the last complete cycle of vegetation or identified as infested by PWN shall not be moved from the place of production and shall be destroyed by burning,—grown in places, such as forests, public or private gardens, which are either identified as infested by PWN, or showing any symptoms of poor health or situated in salvage areas, shall:—if identified in the period 1 November to 1 April, be felled within that period, or—if identified in the period 2 April to 31 October, be felled immediately and,—if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly;(b)during the period between 1 November and 1 April, susceptible wood in the form of roundwood or sawnwood, with or without bark, including that which has not kept its natural round surface:(i)obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall before 2 April either be:—destroyed by burning under official control at appropriate places, or—moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs;(ii)obtained from trees other than those referred to in subparagraph (i) shall be officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in subparagraph (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or by way of derogation moved into areas in Portugal, other than demarcated areas under official control to approved processing plants notified to the Commission, where the wood or chips made from such wood, within the period between 1 November and 1 April, shall either:—in the case of chips, be used for industrial purposes within such an approved processing plant, or—in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes;(c)during the period between 2 April and 31 October, susceptible wood in the form of roundwood or sawnwood, with or without bark, including that which has not kept its natural round surface:(i)obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall either be:—immediately destroyed by burning under official control at appropriate places, or—immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs;(ii)obtained from trees other than those referred to in subparagraph (i) shall be immediately stripped of bark at the place of felling or in the immediate vicinity and either be:—officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or—moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs;(d)susceptible bark shall be—destroyed by burning or used as fuel at an industrial processing plant, or—heat treated in such a way that a minimum temperature of 56 °C for 30 minutes has been achieved throughout the bark, or—fumigated in order to ensure freedom from live PWNs;(e)susceptible wood in the form of waste produced at the time of felling, shall be burned at appropriate places under official control:—in the period 1 November to 1 April, within that period, or—in the period 2 April to 31 October, immediately;(f)susceptible wood, in the form of waste produced during wood processing, shall either be immediately burned at appropriate places under official control, used as fuel wood at the processing plant or fumigated in order to ensure freedom live PWNs;(g)susceptible wood, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, spacers and bearers, including that which has not kept its natural round surface, shall:—be stripped of its bark,—be free from grub holes which are larger than 3 mm across,—have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture. (a) susceptible plants:—grown in places of production where no symptoms of PWN have been observed, or in its immediate vicinity since the beginning of the last complete cycle of vegetation and found free from signs or symptoms of PWN during official inspections, shall be accompanied by the said plant passport when moved from the place of production,—grown in places of production where symptoms of PWN have been observed, or in its immediate vicinity, since the beginning of the last complete cycle of vegetation or identified as infested by PWN shall not be moved from the place of production and shall be destroyed by burning,—grown in places, such as forests, public or private gardens, which are either identified as infested by PWN, or showing any symptoms of poor health or situated in salvage areas, shall:—if identified in the period 1 November to 1 April, be felled within that period, or—if identified in the period 2 April to 31 October, be felled immediately and,—if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly; — grown in places of production where no symptoms of PWN have been observed, or in its immediate vicinity since the beginning of the last complete cycle of vegetation and found free from signs or symptoms of PWN during official inspections, shall be accompanied by the said plant passport when moved from the place of production, — grown in places of production where symptoms of PWN have been observed, or in its immediate vicinity, since the beginning of the last complete cycle of vegetation or identified as infested by PWN shall not be moved from the place of production and shall be destroyed by burning, — grown in places, such as forests, public or private gardens, which are either identified as infested by PWN, or showing any symptoms of poor health or situated in salvage areas, shall:—if identified in the period 1 November to 1 April, be felled within that period, or—if identified in the period 2 April to 31 October, be felled immediately and,—if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly; — if identified in the period 1 November to 1 April, be felled within that period, or — if identified in the period 2 April to 31 October, be felled immediately and, — if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly; (b) during the period between 1 November and 1 April, susceptible wood in the form of roundwood or sawnwood, with or without bark, including that which has not kept its natural round surface:(i)obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall before 2 April either be:—destroyed by burning under official control at appropriate places, or—moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs;(ii)obtained from trees other than those referred to in subparagraph (i) shall be officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in subparagraph (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or by way of derogation moved into areas in Portugal, other than demarcated areas under official control to approved processing plants notified to the Commission, where the wood or chips made from such wood, within the period between 1 November and 1 April, shall either:—in the case of chips, be used for industrial purposes within such an approved processing plant, or—in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; (i) obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall before 2 April either be:—destroyed by burning under official control at appropriate places, or—moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — destroyed by burning under official control at appropriate places, or — moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — a processing plant to be chipped and utilised within this plant, or — an industrial plant for use as fuel wood within this plant, or — a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs; (ii) obtained from trees other than those referred to in subparagraph (i) shall be officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in subparagraph (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or by way of derogation moved into areas in Portugal, other than demarcated areas under official control to approved processing plants notified to the Commission, where the wood or chips made from such wood, within the period between 1 November and 1 April, shall either:—in the case of chips, be used for industrial purposes within such an approved processing plant, or—in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — in the case of chips, be used for industrial purposes within such an approved processing plant, or — in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or — be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or — be chipped and used for industrial purposes within this plant, or — be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live pine wood nematodes, or — chipped and used for industrial purposes; (c) during the period between 2 April and 31 October, susceptible wood in the form of roundwood or sawnwood, with or without bark, including that which has not kept its natural round surface:(i)obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall either be:—immediately destroyed by burning under official control at appropriate places, or—immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs;(ii)obtained from trees other than those referred to in subparagraph (i) shall be immediately stripped of bark at the place of felling or in the immediate vicinity and either be:—officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or—moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; (i) obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall either be:—immediately destroyed by burning under official control at appropriate places, or—immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs; — immediately destroyed by burning under official control at appropriate places, or — immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs; — to be immediately chipped and used for industrial purposes, or — for immediate use as fuel within this plant, or — to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — to be immediately chipped and fumigated in order to ensure freedom from live PWNs; (ii) obtained from trees other than those referred to in subparagraph (i) shall be immediately stripped of bark at the place of felling or in the immediate vicinity and either be:—officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or—moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or — moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — chipped and used for industrial purposes, or — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs; (d) susceptible bark shall be—destroyed by burning or used as fuel at an industrial processing plant, or—heat treated in such a way that a minimum temperature of 56 °C for 30 minutes has been achieved throughout the bark, or—fumigated in order to ensure freedom from live PWNs; — destroyed by burning or used as fuel at an industrial processing plant, or — heat treated in such a way that a minimum temperature of 56 °C for 30 minutes has been achieved throughout the bark, or — fumigated in order to ensure freedom from live PWNs; (e) susceptible wood in the form of waste produced at the time of felling, shall be burned at appropriate places under official control:—in the period 1 November to 1 April, within that period, or—in the period 2 April to 31 October, immediately; — in the period 1 November to 1 April, within that period, or — in the period 2 April to 31 October, immediately; (f) susceptible wood, in the form of waste produced during wood processing, shall either be immediately burned at appropriate places under official control, used as fuel wood at the processing plant or fumigated in order to ensure freedom live PWNs; (g) susceptible wood, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, spacers and bearers, including that which has not kept its natural round surface, shall:—be stripped of its bark,—be free from grub holes which are larger than 3 mm across,—have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture. — be stripped of its bark, — be free from grub holes which are larger than 3 mm across, — have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture.
(a) susceptible plants:—grown in places of production where no symptoms of PWN have been observed, or in its immediate vicinity since the beginning of the last complete cycle of vegetation and found free from signs or symptoms of PWN during official inspections, shall be accompanied by the said plant passport when moved from the place of production,—grown in places of production where symptoms of PWN have been observed, or in its immediate vicinity, since the beginning of the last complete cycle of vegetation or identified as infested by PWN shall not be moved from the place of production and shall be destroyed by burning,—grown in places, such as forests, public or private gardens, which are either identified as infested by PWN, or showing any symptoms of poor health or situated in salvage areas, shall:—if identified in the period 1 November to 1 April, be felled within that period, or—if identified in the period 2 April to 31 October, be felled immediately and,—if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly; — grown in places of production where no symptoms of PWN have been observed, or in its immediate vicinity since the beginning of the last complete cycle of vegetation and found free from signs or symptoms of PWN during official inspections, shall be accompanied by the said plant passport when moved from the place of production, — grown in places of production where symptoms of PWN have been observed, or in its immediate vicinity, since the beginning of the last complete cycle of vegetation or identified as infested by PWN shall not be moved from the place of production and shall be destroyed by burning, — grown in places, such as forests, public or private gardens, which are either identified as infested by PWN, or showing any symptoms of poor health or situated in salvage areas, shall:—if identified in the period 1 November to 1 April, be felled within that period, or—if identified in the period 2 April to 31 October, be felled immediately and,—if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly; — if identified in the period 1 November to 1 April, be felled within that period, or — if identified in the period 2 April to 31 October, be felled immediately and, — if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly;
— grown in places of production where no symptoms of PWN have been observed, or in its immediate vicinity since the beginning of the last complete cycle of vegetation and found free from signs or symptoms of PWN during official inspections, shall be accompanied by the said plant passport when moved from the place of production,
— grown in places of production where symptoms of PWN have been observed, or in its immediate vicinity, since the beginning of the last complete cycle of vegetation or identified as infested by PWN shall not be moved from the place of production and shall be destroyed by burning,
— grown in places, such as forests, public or private gardens, which are either identified as infested by PWN, or showing any symptoms of poor health or situated in salvage areas, shall:—if identified in the period 1 November to 1 April, be felled within that period, or—if identified in the period 2 April to 31 October, be felled immediately and,—if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly; — if identified in the period 1 November to 1 April, be felled within that period, or — if identified in the period 2 April to 31 October, be felled immediately and, — if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly;
— if identified in the period 1 November to 1 April, be felled within that period, or
— if identified in the period 2 April to 31 October, be felled immediately and,
— if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly;
(b) during the period between 1 November and 1 April, susceptible wood in the form of roundwood or sawnwood, with or without bark, including that which has not kept its natural round surface:(i)obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall before 2 April either be:—destroyed by burning under official control at appropriate places, or—moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs;(ii)obtained from trees other than those referred to in subparagraph (i) shall be officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in subparagraph (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or by way of derogation moved into areas in Portugal, other than demarcated areas under official control to approved processing plants notified to the Commission, where the wood or chips made from such wood, within the period between 1 November and 1 April, shall either:—in the case of chips, be used for industrial purposes within such an approved processing plant, or—in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; (i) obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall before 2 April either be:—destroyed by burning under official control at appropriate places, or—moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — destroyed by burning under official control at appropriate places, or — moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — a processing plant to be chipped and utilised within this plant, or — an industrial plant for use as fuel wood within this plant, or — a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs; (ii) obtained from trees other than those referred to in subparagraph (i) shall be officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in subparagraph (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or by way of derogation moved into areas in Portugal, other than demarcated areas under official control to approved processing plants notified to the Commission, where the wood or chips made from such wood, within the period between 1 November and 1 April, shall either:—in the case of chips, be used for industrial purposes within such an approved processing plant, or—in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — in the case of chips, be used for industrial purposes within such an approved processing plant, or — in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or — be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or — be chipped and used for industrial purposes within this plant, or — be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live pine wood nematodes, or — chipped and used for industrial purposes;
(i) obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall before 2 April either be:—destroyed by burning under official control at appropriate places, or—moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — destroyed by burning under official control at appropriate places, or — moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — a processing plant to be chipped and utilised within this plant, or — an industrial plant for use as fuel wood within this plant, or — a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs;
— destroyed by burning under official control at appropriate places, or
— moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — a processing plant to be chipped and utilised within this plant, or — an industrial plant for use as fuel wood within this plant, or — a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs;
— a processing plant to be chipped and utilised within this plant, or
— an industrial plant for use as fuel wood within this plant, or
— a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs;
— heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— chipped and fumigated in order to ensure freedom from live PWNs;
(ii) obtained from trees other than those referred to in subparagraph (i) shall be officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in subparagraph (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or by way of derogation moved into areas in Portugal, other than demarcated areas under official control to approved processing plants notified to the Commission, where the wood or chips made from such wood, within the period between 1 November and 1 April, shall either:—in the case of chips, be used for industrial purposes within such an approved processing plant, or—in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — in the case of chips, be used for industrial purposes within such an approved processing plant, or — in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or — be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or — be chipped and used for industrial purposes within this plant, or — be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live pine wood nematodes, or — chipped and used for industrial purposes;
— in the case of chips, be used for industrial purposes within such an approved processing plant, or
— in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or — be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or — be chipped and used for industrial purposes within this plant, or — be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live pine wood nematodes, or — chipped and used for industrial purposes;
— be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or
— be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or
— be chipped and used for industrial purposes within this plant, or
— be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live pine wood nematodes, or — chipped and used for industrial purposes;
— heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— chipped and fumigated in order to ensure freedom from live pine wood nematodes, or
— chipped and used for industrial purposes;
(c) during the period between 2 April and 31 October, susceptible wood in the form of roundwood or sawnwood, with or without bark, including that which has not kept its natural round surface:(i)obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall either be:—immediately destroyed by burning under official control at appropriate places, or—immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs;(ii)obtained from trees other than those referred to in subparagraph (i) shall be immediately stripped of bark at the place of felling or in the immediate vicinity and either be:—officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or—moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; (i) obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall either be:—immediately destroyed by burning under official control at appropriate places, or—immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs; — immediately destroyed by burning under official control at appropriate places, or — immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs; — to be immediately chipped and used for industrial purposes, or — for immediate use as fuel within this plant, or — to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — to be immediately chipped and fumigated in order to ensure freedom from live PWNs; (ii) obtained from trees other than those referred to in subparagraph (i) shall be immediately stripped of bark at the place of felling or in the immediate vicinity and either be:—officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or—moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or — moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — chipped and used for industrial purposes, or — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs;
(i) obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall either be:—immediately destroyed by burning under official control at appropriate places, or—immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs; — immediately destroyed by burning under official control at appropriate places, or — immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs; — to be immediately chipped and used for industrial purposes, or — for immediate use as fuel within this plant, or — to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — to be immediately chipped and fumigated in order to ensure freedom from live PWNs;
— immediately destroyed by burning under official control at appropriate places, or
— immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs; — to be immediately chipped and used for industrial purposes, or — for immediate use as fuel within this plant, or — to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — to be immediately chipped and fumigated in order to ensure freedom from live PWNs;
— to be immediately chipped and used for industrial purposes, or
— for immediate use as fuel within this plant, or
— to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— to be immediately chipped and fumigated in order to ensure freedom from live PWNs;
(ii) obtained from trees other than those referred to in subparagraph (i) shall be immediately stripped of bark at the place of felling or in the immediate vicinity and either be:—officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or—moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or — moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — chipped and used for industrial purposes, or — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs;
— officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or
— moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — chipped and used for industrial purposes, or — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs;
— chipped and used for industrial purposes, or
— heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— chipped and fumigated in order to ensure freedom from live PWNs;
(d) susceptible bark shall be—destroyed by burning or used as fuel at an industrial processing plant, or—heat treated in such a way that a minimum temperature of 56 °C for 30 minutes has been achieved throughout the bark, or—fumigated in order to ensure freedom from live PWNs; — destroyed by burning or used as fuel at an industrial processing plant, or — heat treated in such a way that a minimum temperature of 56 °C for 30 minutes has been achieved throughout the bark, or — fumigated in order to ensure freedom from live PWNs;
— destroyed by burning or used as fuel at an industrial processing plant, or
— heat treated in such a way that a minimum temperature of 56 °C for 30 minutes has been achieved throughout the bark, or
— fumigated in order to ensure freedom from live PWNs;
(e) susceptible wood in the form of waste produced at the time of felling, shall be burned at appropriate places under official control:—in the period 1 November to 1 April, within that period, or—in the period 2 April to 31 October, immediately; — in the period 1 November to 1 April, within that period, or — in the period 2 April to 31 October, immediately;
— in the period 1 November to 1 April, within that period, or
— in the period 2 April to 31 October, immediately;
(f) susceptible wood, in the form of waste produced during wood processing, shall either be immediately burned at appropriate places under official control, used as fuel wood at the processing plant or fumigated in order to ensure freedom live PWNs;
(g) susceptible wood, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, spacers and bearers, including that which has not kept its natural round surface, shall:—be stripped of its bark,—be free from grub holes which are larger than 3 mm across,—have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture. — be stripped of its bark, — be free from grub holes which are larger than 3 mm across, — have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture.
— be stripped of its bark,
— be free from grub holes which are larger than 3 mm across,
— have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture.
(a) susceptible plants:—grown in places of production where no symptoms of PWN have been observed, or in its immediate vicinity since the beginning of the last complete cycle of vegetation and found free from signs or symptoms of PWN during official inspections, shall be accompanied by the said plant passport when moved from the place of production,—grown in places of production where symptoms of PWN have been observed, or in its immediate vicinity, since the beginning of the last complete cycle of vegetation or identified as infested by PWN shall not be moved from the place of production and shall be destroyed by burning,—grown in places, such as forests, public or private gardens, which are either identified as infested by PWN, or showing any symptoms of poor health or situated in salvage areas, shall:—if identified in the period 1 November to 1 April, be felled within that period, or—if identified in the period 2 April to 31 October, be felled immediately and,—if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly; — grown in places of production where no symptoms of PWN have been observed, or in its immediate vicinity since the beginning of the last complete cycle of vegetation and found free from signs or symptoms of PWN during official inspections, shall be accompanied by the said plant passport when moved from the place of production, — grown in places of production where symptoms of PWN have been observed, or in its immediate vicinity, since the beginning of the last complete cycle of vegetation or identified as infested by PWN shall not be moved from the place of production and shall be destroyed by burning, — grown in places, such as forests, public or private gardens, which are either identified as infested by PWN, or showing any symptoms of poor health or situated in salvage areas, shall:—if identified in the period 1 November to 1 April, be felled within that period, or—if identified in the period 2 April to 31 October, be felled immediately and,—if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly; — if identified in the period 1 November to 1 April, be felled within that period, or — if identified in the period 2 April to 31 October, be felled immediately and, — if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly;
— grown in places of production where no symptoms of PWN have been observed, or in its immediate vicinity since the beginning of the last complete cycle of vegetation and found free from signs or symptoms of PWN during official inspections, shall be accompanied by the said plant passport when moved from the place of production,
— grown in places of production where symptoms of PWN have been observed, or in its immediate vicinity, since the beginning of the last complete cycle of vegetation or identified as infested by PWN shall not be moved from the place of production and shall be destroyed by burning,
— grown in places, such as forests, public or private gardens, which are either identified as infested by PWN, or showing any symptoms of poor health or situated in salvage areas, shall:—if identified in the period 1 November to 1 April, be felled within that period, or—if identified in the period 2 April to 31 October, be felled immediately and,—if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly; — if identified in the period 1 November to 1 April, be felled within that period, or — if identified in the period 2 April to 31 October, be felled immediately and, — if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly;
— if identified in the period 1 November to 1 April, be felled within that period, or
— if identified in the period 2 April to 31 October, be felled immediately and,
— if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly;
— grown in places of production where no symptoms of PWN have been observed, or in its immediate vicinity since the beginning of the last complete cycle of vegetation and found free from signs or symptoms of PWN during official inspections, shall be accompanied by the said plant passport when moved from the place of production,
— grown in places of production where symptoms of PWN have been observed, or in its immediate vicinity, since the beginning of the last complete cycle of vegetation or identified as infested by PWN shall not be moved from the place of production and shall be destroyed by burning,
— grown in places, such as forests, public or private gardens, which are either identified as infested by PWN, or showing any symptoms of poor health or situated in salvage areas, shall:—if identified in the period 1 November to 1 April, be felled within that period, or—if identified in the period 2 April to 31 October, be felled immediately and,—if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly; — if identified in the period 1 November to 1 April, be felled within that period, or — if identified in the period 2 April to 31 October, be felled immediately and, — if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly;
— if identified in the period 1 November to 1 April, be felled within that period, or
— if identified in the period 2 April to 31 October, be felled immediately and,
— if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly;
— if identified in the period 1 November to 1 April, be felled within that period, or
— if identified in the period 2 April to 31 October, be felled immediately and,
— if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly;
(b) during the period between 1 November and 1 April, susceptible wood in the form of roundwood or sawnwood, with or without bark, including that which has not kept its natural round surface:(i)obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall before 2 April either be:—destroyed by burning under official control at appropriate places, or—moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs;(ii)obtained from trees other than those referred to in subparagraph (i) shall be officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in subparagraph (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or by way of derogation moved into areas in Portugal, other than demarcated areas under official control to approved processing plants notified to the Commission, where the wood or chips made from such wood, within the period between 1 November and 1 April, shall either:—in the case of chips, be used for industrial purposes within such an approved processing plant, or—in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; (i) obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall before 2 April either be:—destroyed by burning under official control at appropriate places, or—moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — destroyed by burning under official control at appropriate places, or — moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — a processing plant to be chipped and utilised within this plant, or — an industrial plant for use as fuel wood within this plant, or — a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs; (ii) obtained from trees other than those referred to in subparagraph (i) shall be officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in subparagraph (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or by way of derogation moved into areas in Portugal, other than demarcated areas under official control to approved processing plants notified to the Commission, where the wood or chips made from such wood, within the period between 1 November and 1 April, shall either:—in the case of chips, be used for industrial purposes within such an approved processing plant, or—in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — in the case of chips, be used for industrial purposes within such an approved processing plant, or — in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or — be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or — be chipped and used for industrial purposes within this plant, or — be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live pine wood nematodes, or — chipped and used for industrial purposes;
(i) obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall before 2 April either be:—destroyed by burning under official control at appropriate places, or—moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — destroyed by burning under official control at appropriate places, or — moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — a processing plant to be chipped and utilised within this plant, or — an industrial plant for use as fuel wood within this plant, or — a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs;
— destroyed by burning under official control at appropriate places, or
— moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — a processing plant to be chipped and utilised within this plant, or — an industrial plant for use as fuel wood within this plant, or — a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs;
— a processing plant to be chipped and utilised within this plant, or
— an industrial plant for use as fuel wood within this plant, or
— a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs;
— heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— chipped and fumigated in order to ensure freedom from live PWNs;
(ii) obtained from trees other than those referred to in subparagraph (i) shall be officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in subparagraph (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or by way of derogation moved into areas in Portugal, other than demarcated areas under official control to approved processing plants notified to the Commission, where the wood or chips made from such wood, within the period between 1 November and 1 April, shall either:—in the case of chips, be used for industrial purposes within such an approved processing plant, or—in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — in the case of chips, be used for industrial purposes within such an approved processing plant, or — in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or — be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or — be chipped and used for industrial purposes within this plant, or — be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live pine wood nematodes, or — chipped and used for industrial purposes;
— in the case of chips, be used for industrial purposes within such an approved processing plant, or
— in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or — be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or — be chipped and used for industrial purposes within this plant, or — be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live pine wood nematodes, or — chipped and used for industrial purposes;
— be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or
— be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or
— be chipped and used for industrial purposes within this plant, or
— be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live pine wood nematodes, or — chipped and used for industrial purposes;
— heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— chipped and fumigated in order to ensure freedom from live pine wood nematodes, or
— chipped and used for industrial purposes;
(i) obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall before 2 April either be:—destroyed by burning under official control at appropriate places, or—moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — destroyed by burning under official control at appropriate places, or — moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — a processing plant to be chipped and utilised within this plant, or — an industrial plant for use as fuel wood within this plant, or — a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs;
— destroyed by burning under official control at appropriate places, or
— moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — a processing plant to be chipped and utilised within this plant, or — an industrial plant for use as fuel wood within this plant, or — a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs;
— a processing plant to be chipped and utilised within this plant, or
— an industrial plant for use as fuel wood within this plant, or
— a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs;
— heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— chipped and fumigated in order to ensure freedom from live PWNs;
— destroyed by burning under official control at appropriate places, or
— moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — a processing plant to be chipped and utilised within this plant, or — an industrial plant for use as fuel wood within this plant, or — a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs;
— a processing plant to be chipped and utilised within this plant, or
— an industrial plant for use as fuel wood within this plant, or
— a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs;
— heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— chipped and fumigated in order to ensure freedom from live PWNs;
— a processing plant to be chipped and utilised within this plant, or
— an industrial plant for use as fuel wood within this plant, or
— a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs;
— heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— chipped and fumigated in order to ensure freedom from live PWNs;
— heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— chipped and fumigated in order to ensure freedom from live PWNs;
(ii) obtained from trees other than those referred to in subparagraph (i) shall be officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in subparagraph (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or by way of derogation moved into areas in Portugal, other than demarcated areas under official control to approved processing plants notified to the Commission, where the wood or chips made from such wood, within the period between 1 November and 1 April, shall either:—in the case of chips, be used for industrial purposes within such an approved processing plant, or—in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — in the case of chips, be used for industrial purposes within such an approved processing plant, or — in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or — be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or — be chipped and used for industrial purposes within this plant, or — be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live pine wood nematodes, or — chipped and used for industrial purposes;
— in the case of chips, be used for industrial purposes within such an approved processing plant, or
— in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or — be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or — be chipped and used for industrial purposes within this plant, or — be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live pine wood nematodes, or — chipped and used for industrial purposes;
— be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or
— be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or
— be chipped and used for industrial purposes within this plant, or
— be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live pine wood nematodes, or — chipped and used for industrial purposes;
— heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— chipped and fumigated in order to ensure freedom from live pine wood nematodes, or
— chipped and used for industrial purposes;
— in the case of chips, be used for industrial purposes within such an approved processing plant, or
— in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or — be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or — be chipped and used for industrial purposes within this plant, or — be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live pine wood nematodes, or — chipped and used for industrial purposes;
— be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or
— be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or
— be chipped and used for industrial purposes within this plant, or
— be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live pine wood nematodes, or — chipped and used for industrial purposes;
— heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— chipped and fumigated in order to ensure freedom from live pine wood nematodes, or
— chipped and used for industrial purposes;
— be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or
— be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or
— be chipped and used for industrial purposes within this plant, or
— be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live pine wood nematodes, or — chipped and used for industrial purposes;
— heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— chipped and fumigated in order to ensure freedom from live pine wood nematodes, or
— chipped and used for industrial purposes;
— heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— chipped and fumigated in order to ensure freedom from live pine wood nematodes, or
— chipped and used for industrial purposes;
(c) during the period between 2 April and 31 October, susceptible wood in the form of roundwood or sawnwood, with or without bark, including that which has not kept its natural round surface:(i)obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall either be:—immediately destroyed by burning under official control at appropriate places, or—immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs;(ii)obtained from trees other than those referred to in subparagraph (i) shall be immediately stripped of bark at the place of felling or in the immediate vicinity and either be:—officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or—moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; (i) obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall either be:—immediately destroyed by burning under official control at appropriate places, or—immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs; — immediately destroyed by burning under official control at appropriate places, or — immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs; — to be immediately chipped and used for industrial purposes, or — for immediate use as fuel within this plant, or — to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — to be immediately chipped and fumigated in order to ensure freedom from live PWNs; (ii) obtained from trees other than those referred to in subparagraph (i) shall be immediately stripped of bark at the place of felling or in the immediate vicinity and either be:—officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or—moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or — moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — chipped and used for industrial purposes, or — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs;
(i) obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall either be:—immediately destroyed by burning under official control at appropriate places, or—immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs; — immediately destroyed by burning under official control at appropriate places, or — immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs; — to be immediately chipped and used for industrial purposes, or — for immediate use as fuel within this plant, or — to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — to be immediately chipped and fumigated in order to ensure freedom from live PWNs;
— immediately destroyed by burning under official control at appropriate places, or
— immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs; — to be immediately chipped and used for industrial purposes, or — for immediate use as fuel within this plant, or — to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — to be immediately chipped and fumigated in order to ensure freedom from live PWNs;
— to be immediately chipped and used for industrial purposes, or
— for immediate use as fuel within this plant, or
— to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— to be immediately chipped and fumigated in order to ensure freedom from live PWNs;
(ii) obtained from trees other than those referred to in subparagraph (i) shall be immediately stripped of bark at the place of felling or in the immediate vicinity and either be:—officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or—moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or — moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — chipped and used for industrial purposes, or — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs;
— officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or
— moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — chipped and used for industrial purposes, or — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs;
— chipped and used for industrial purposes, or
— heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— chipped and fumigated in order to ensure freedom from live PWNs;
(i) obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall either be:—immediately destroyed by burning under official control at appropriate places, or—immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs; — immediately destroyed by burning under official control at appropriate places, or — immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs; — to be immediately chipped and used for industrial purposes, or — for immediate use as fuel within this plant, or — to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — to be immediately chipped and fumigated in order to ensure freedom from live PWNs;
— immediately destroyed by burning under official control at appropriate places, or
— immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs; — to be immediately chipped and used for industrial purposes, or — for immediate use as fuel within this plant, or — to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — to be immediately chipped and fumigated in order to ensure freedom from live PWNs;
— to be immediately chipped and used for industrial purposes, or
— for immediate use as fuel within this plant, or
— to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— to be immediately chipped and fumigated in order to ensure freedom from live PWNs;
— immediately destroyed by burning under official control at appropriate places, or
— immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs; — to be immediately chipped and used for industrial purposes, or — for immediate use as fuel within this plant, or — to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — to be immediately chipped and fumigated in order to ensure freedom from live PWNs;
— to be immediately chipped and used for industrial purposes, or
— for immediate use as fuel within this plant, or
— to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— to be immediately chipped and fumigated in order to ensure freedom from live PWNs;
— to be immediately chipped and used for industrial purposes, or
— for immediate use as fuel within this plant, or
— to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— to be immediately chipped and fumigated in order to ensure freedom from live PWNs;
(ii) obtained from trees other than those referred to in subparagraph (i) shall be immediately stripped of bark at the place of felling or in the immediate vicinity and either be:—officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or—moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or — moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — chipped and used for industrial purposes, or — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs;
— officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or
— moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — chipped and used for industrial purposes, or — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs;
— chipped and used for industrial purposes, or
— heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— chipped and fumigated in order to ensure freedom from live PWNs;
— officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or
— moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; — chipped and used for industrial purposes, or — heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or — chipped and fumigated in order to ensure freedom from live PWNs;
— chipped and used for industrial purposes, or
— heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— chipped and fumigated in order to ensure freedom from live PWNs;
— chipped and used for industrial purposes, or
— heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— chipped and fumigated in order to ensure freedom from live PWNs;
(d) susceptible bark shall be—destroyed by burning or used as fuel at an industrial processing plant, or—heat treated in such a way that a minimum temperature of 56 °C for 30 minutes has been achieved throughout the bark, or—fumigated in order to ensure freedom from live PWNs; — destroyed by burning or used as fuel at an industrial processing plant, or — heat treated in such a way that a minimum temperature of 56 °C for 30 minutes has been achieved throughout the bark, or — fumigated in order to ensure freedom from live PWNs;
— destroyed by burning or used as fuel at an industrial processing plant, or
— heat treated in such a way that a minimum temperature of 56 °C for 30 minutes has been achieved throughout the bark, or
— fumigated in order to ensure freedom from live PWNs;
— destroyed by burning or used as fuel at an industrial processing plant, or
— heat treated in such a way that a minimum temperature of 56 °C for 30 minutes has been achieved throughout the bark, or
— fumigated in order to ensure freedom from live PWNs;
(e) susceptible wood in the form of waste produced at the time of felling, shall be burned at appropriate places under official control:—in the period 1 November to 1 April, within that period, or—in the period 2 April to 31 October, immediately; — in the period 1 November to 1 April, within that period, or — in the period 2 April to 31 October, immediately;
— in the period 1 November to 1 April, within that period, or
— in the period 2 April to 31 October, immediately;
— in the period 1 November to 1 April, within that period, or
— in the period 2 April to 31 October, immediately;
(f) susceptible wood, in the form of waste produced during wood processing, shall either be immediately burned at appropriate places under official control, used as fuel wood at the processing plant or fumigated in order to ensure freedom live PWNs;
(g) susceptible wood, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, spacers and bearers, including that which has not kept its natural round surface, shall:—be stripped of its bark,—be free from grub holes which are larger than 3 mm across,—have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture. — be stripped of its bark, — be free from grub holes which are larger than 3 mm across, — have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture.
— be stripped of its bark,
— be free from grub holes which are larger than 3 mm across,
— have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture.
— be stripped of its bark,
— be free from grub holes which are larger than 3 mm across,
— have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture.
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 Article 16(3) thereof,
(1) Where a Member State considers that there is an imminent danger of the introduction into its territory ofBursaphelenchus xylophilus(Steiner et Buhrer) Nickleet al.(the pine wood nematode (PWN)), from another Member State, it should be authorised to temporarily take any additional measures necessary to protect itself from that danger.
(2) Portugal informed the other Member States and the Commission on 25 June 1999 that some samples of pine trees originating in its territory were identified as infested by PWN. The Commission has adopted Decisions 2000/58/EC(2)and 2001/218/EC(3)defining measures to be taken against PWN.
(3) On the basis of assessments by the Food and Veterinary Office, most recently in November 2004, additional information submitted by Portugal and official surveys carried out by the other Member States on wood, isolated bark and plants ofAbiesMill.,CedrusTrew,LarixMill.,PiceaA. Dietr.,PinusL.,PseudotsugaCarr. andTsugaCarr., it appears that as a result of the application of an eradication programme in Portugal, the spread of PWN remains limited to the demarcated areas in Portugal. However, trees showing symptoms of infestation by PWN were still found during surveys of those areas.
(4) The implementation of the Portuguese mid-term eradication plan for PWN of February 2003, as amended in June 2003, was evaluated by the Standing Committee on Plant Health in its meetings of July 2004 and May 2005. During the latter meeting it was concluded that the aimed reduction of infection level in the demarcated zone had not been fully achieved so far.
(5) It is therefore necessary for Portugal to continue to take specific measures with respect to movements of wood, isolated bark and host plants within demarcated areas in Portugal and from such areas into other areas of Portugal and into the other Member States.
(6) It is also necessary that Portugal continues to take measures to control the spread of PWN with the aim of eradication. Therefore, an updated mid-term eradication plan to better control the spread of PWN with the aim of eradicating should be presented.
(7) The other Member States should continue to have the possibility to apply additional measures to protect their territories from PWN.
(8) The results of the specific measures and of the implementation of the mid-term plan should be assessed continuously, in particular on the basis of information to be provided by Portugal and the other Member States.
(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:

Article 1
For the purposes of this Decision, the following definitions shall apply:
(a)
‘the pine wood nematode (PWN)’:Bursaphelenchus xylophilus(Steiner et Buhrer) Nickleet al.;
(b)
‘susceptible wood and bark’: wood and isolated bark of conifers (Coniferales), except that ofThujaL.;
(c)
‘susceptible plants’: plants (other than fruit and seeds) ofAbiesMill.,CedrusTrew,LarixMill.,PiceaA. Dietr.,PinusL.,PseudotsugaCarr. andTsugaCarr.

Article 2
Until 31 March 2008, Portugal shall ensure that the conditions laid down in the Annex to this Decision are met in relation to susceptible wood, bark and plants, which are to be moved within or from demarcated areas in Portugal and defined as in accordance with Article 5, either to other areas in Portugal or to other Member States.
By 15 February 2006, Portugal shall present an updated mid-term eradication plan to control the spread of PWN with the aim of eradicating it. That plan shall include details on the management, within the demarcated area, of tree species known to be highly susceptible to PWN under the conditions in Portugal. This plan shall be reviewed by 30 April 2007 and 30 March 2008.

Article 3
Member States of destination other than Portugal may:
(a)
subject consignments of susceptible wood, bark and plants, coming from demarcated areas in Portugal and moved into their territory, to testing for the presence of PWN;
(b)
take further appropriate steps to carry out official monitoring in respect of such consignments, to ascertain whether they comply with the relevant conditions specified in the Annex.

Article 4
Member States shall conduct official annual surveys for PWN, on susceptible wood and bark and susceptible plants originating in their country, to determine whether there is any evidence of infestation by PWN.
Without prejudice to Article 16(1) of Directive 2000/29/EC, the results of such surveys shall be notified to the other Member States and the Commission by 15 December 2006 and 15 December 2007.

Article 5
Portugal shall establish areas in which PWN is known not to occur, and demarcate areas (hereinafter called demarcated areas) comprised of a part in which PWN is known to occur and a part designated as buffer zone of not less than 20 km width surrounding that part, taking into account the results of the surveys referred to in Article 4.
The Commission shall compile a list of ‘areas’ in which PWN is known not to occur and convey such a list to the Standing Committee on Plant Health and to the Member States. Any areas in Portugal not comprised in the above compiled list, shall be deemed to be demarcated areas.
That list shall be updated according to the results of the surveys referred to in the first paragraph of Article 4 and to the findings notified under Article 16(1) of Directive 2000/29/EC.

Article 6
Decision 2001/218/EC is hereby repealed.

Article 7
This Decision is addressed to the Member States.

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 Article 16(3) thereof,
(1) Where a Member State considers that there is an imminent danger of the introduction into its territory ofBursaphelenchus xylophilus(Steiner et Buhrer) Nickleet al.(the pine wood nematode (PWN)), from another Member State, it should be authorised to temporarily take any additional measures necessary to protect itself from that danger.
(2) Portugal informed the other Member States and the Commission on 25 June 1999 that some samples of pine trees originating in its territory were identified as infested by PWN. The Commission has adopted Decisions 2000/58/EC(2)and 2001/218/EC(3)defining measures to be taken against PWN.
(3) On the basis of assessments by the Food and Veterinary Office, most recently in November 2004, additional information submitted by Portugal and official surveys carried out by the other Member States on wood, isolated bark and plants ofAbiesMill.,CedrusTrew,LarixMill.,PiceaA. Dietr.,PinusL.,PseudotsugaCarr. andTsugaCarr., it appears that as a result of the application of an eradication programme in Portugal, the spread of PWN remains limited to the demarcated areas in Portugal. However, trees showing symptoms of infestation by PWN were still found during surveys of those areas.
(4) The implementation of the Portuguese mid-term eradication plan for PWN of February 2003, as amended in June 2003, was evaluated by the Standing Committee on Plant Health in its meetings of July 2004 and May 2005. During the latter meeting it was concluded that the aimed reduction of infection level in the demarcated zone had not been fully achieved so far.
(5) It is therefore necessary for Portugal to continue to take specific measures with respect to movements of wood, isolated bark and host plants within demarcated areas in Portugal and from such areas into other areas of Portugal and into the other Member States.
(6) It is also necessary that Portugal continues to take measures to control the spread of PWN with the aim of eradication. Therefore, an updated mid-term eradication plan to better control the spread of PWN with the aim of eradicating should be presented.
(7) The other Member States should continue to have the possibility to apply additional measures to protect their territories from PWN.
(8) The results of the specific measures and of the implementation of the mid-term plan should be assessed continuously, in particular on the basis of information to be provided by Portugal and the other Member States.
(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:
For the purposes of this Decision, the following definitions shall apply:
(a)
‘the pine wood nematode (PWN)’:Bursaphelenchus xylophilus(Steiner et Buhrer) Nickleet al.;
(b)
‘susceptible wood and bark’: wood and isolated bark of conifers (Coniferales), except that ofThujaL.;
(c)
‘susceptible plants’: plants (other than fruit and seeds) ofAbiesMill.,CedrusTrew,LarixMill.,PiceaA. Dietr.,PinusL.,PseudotsugaCarr. andTsugaCarr.
Until 31 March 2008, Portugal shall ensure that the conditions laid down in the Annex to this Decision are met in relation to susceptible wood, bark and plants, which are to be moved within or from demarcated areas in Portugal and defined as in accordance with Article 5, either to other areas in Portugal or to other Member States.
By 15 February 2006, Portugal shall present an updated mid-term eradication plan to control the spread of PWN with the aim of eradicating it. That plan shall include details on the management, within the demarcated area, of tree species known to be highly susceptible to PWN under the conditions in Portugal. This plan shall be reviewed by 30 April 2007 and 30 March 2008.
Member States of destination other than Portugal may:
(a)
subject consignments of susceptible wood, bark and plants, coming from demarcated areas in Portugal and moved into their territory, to testing for the presence of PWN;
(b)
take further appropriate steps to carry out official monitoring in respect of such consignments, to ascertain whether they comply with the relevant conditions specified in the Annex.
Member States shall conduct official annual surveys for PWN, on susceptible wood and bark and susceptible plants originating in their country, to determine whether there is any evidence of infestation by PWN.
Without prejudice to Article 16(1) of Directive 2000/29/EC, the results of such surveys shall be notified to the other Member States and the Commission by 15 December 2006 and 15 December 2007.
Portugal shall establish areas in which PWN is known not to occur, and demarcate areas (hereinafter called demarcated areas) comprised of a part in which PWN is known to occur and a part designated as buffer zone of not less than 20 km width surrounding that part, taking into account the results of the surveys referred to in Article 4.
The Commission shall compile a list of ‘areas’ in which PWN is known not to occur and convey such a list to the Standing Committee on Plant Health and to the Member States. Any areas in Portugal not comprised in the above compiled list, shall be deemed to be demarcated areas.
That list shall be updated according to the results of the surveys referred to in the first paragraph of Article 4 and to the findings notified under Article 16(1) of Directive 2000/29/EC.
Decision 2001/218/EC is hereby repealed.
This Decision is addressed to the Member States.
ANNEXFor the purpose of Article 2, the following conditions shall be complied with:

1. | Without prejudice to the provisions referred to in point 2, in the case of movements from demarcated areas into areas in Portugal, other than demarcated areas or into other Member States of:(a)susceptible plants shall be accompanied by a plant passport prepared and issued in accordance with the provisions of Commission Directive 92/105/EEC(1), after:—the plants have been officially inspected and found free from signs or symptoms of PWN, and—no symptoms of PWN have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation;(b)susceptible wood and isolated bark, other than wood in the form of:—chips, particles, wood waste or scrap obtained in whole or part from these conifers,—packing cases, crates or drums,—pallets, box pallets or other load boards,—dunnage, spacers and bearers,but including that which has not kept its natural round surface, shall be accompanied by the plant passport referred to in point 1(a), after the wood or the isolated bark has undergone an appropriate heat treatment to achieve a minimum wood core temperature of 56 °C for 30 minutes in order to ensure freedom from live PWNs;(c)susceptible wood, in the form of chips, particles, wood waste or scrap obtained in whole or part from these conifers shall be accompanied by the said plant passport after having undergone an appropriate fumigation treatment in order to ensure freedom from live PWNs;(d)susceptible wood, in the form of dunnage, spacers and bearers, including that which has not kept its natural round surface shall:—be stripped of its bark,—be free from grub holes which are larger than 3 mm across,—have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture;(e)susceptible wood, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, whether or not actually in use in the transport of objects of all kinds shall undergo either an appropriate heat treatment to achieve a minimum wood core temperature of 56 °C for 30 minutes, pressure (impregnated) treatment, or fumigation in order to ensure freedom from live PWNs and either display an officially approved treatment marking enabling the identification of where and by whom the treatment has been carried out or be accompanied by the said plant passport attesting to the measures carried out. | (a) | susceptible plants shall be accompanied by a plant passport prepared and issued in accordance with the provisions of Commission Directive 92/105/EEC(1), after:—the plants have been officially inspected and found free from signs or symptoms of PWN, and—no symptoms of PWN have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation; | — | the plants have been officially inspected and found free from signs or symptoms of PWN, and | — | no symptoms of PWN have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation; | (b) | susceptible wood and isolated bark, other than wood in the form of:—chips, particles, wood waste or scrap obtained in whole or part from these conifers,—packing cases, crates or drums,—pallets, box pallets or other load boards,—dunnage, spacers and bearers,but including that which has not kept its natural round surface, shall be accompanied by the plant passport referred to in point 1(a), after the wood or the isolated bark has undergone an appropriate heat treatment to achieve a minimum wood core temperature of 56 °C for 30 minutes in order to ensure freedom from live PWNs; | — | chips, particles, wood waste or scrap obtained in whole or part from these conifers, | — | packing cases, crates or drums, | — | pallets, box pallets or other load boards, | — | dunnage, spacers and bearers, | (c) | susceptible wood, in the form of chips, particles, wood waste or scrap obtained in whole or part from these conifers shall be accompanied by the said plant passport after having undergone an appropriate fumigation treatment in order to ensure freedom from live PWNs; | (d) | susceptible wood, in the form of dunnage, spacers and bearers, including that which has not kept its natural round surface shall:—be stripped of its bark,—be free from grub holes which are larger than 3 mm across,—have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture; | — | be stripped of its bark, | — | be free from grub holes which are larger than 3 mm across, | — | have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture; | (e) | susceptible wood, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, whether or not actually in use in the transport of objects of all kinds shall undergo either an appropriate heat treatment to achieve a minimum wood core temperature of 56 °C for 30 minutes, pressure (impregnated) treatment, or fumigation in order to ensure freedom from live PWNs and either display an officially approved treatment marking enabling the identification of where and by whom the treatment has been carried out or be accompanied by the said plant passport attesting to the measures carried out.
(a) | susceptible plants shall be accompanied by a plant passport prepared and issued in accordance with the provisions of Commission Directive 92/105/EEC(1), after:—the plants have been officially inspected and found free from signs or symptoms of PWN, and—no symptoms of PWN have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation; | — | the plants have been officially inspected and found free from signs or symptoms of PWN, and | — | no symptoms of PWN have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation;
— | the plants have been officially inspected and found free from signs or symptoms of PWN, and
— | no symptoms of PWN have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation;
(b) | susceptible wood and isolated bark, other than wood in the form of:—chips, particles, wood waste or scrap obtained in whole or part from these conifers,—packing cases, crates or drums,—pallets, box pallets or other load boards,—dunnage, spacers and bearers,but including that which has not kept its natural round surface, shall be accompanied by the plant passport referred to in point 1(a), after the wood or the isolated bark has undergone an appropriate heat treatment to achieve a minimum wood core temperature of 56 °C for 30 minutes in order to ensure freedom from live PWNs; | — | chips, particles, wood waste or scrap obtained in whole or part from these conifers, | — | packing cases, crates or drums, | — | pallets, box pallets or other load boards, | — | dunnage, spacers and bearers,
— | chips, particles, wood waste or scrap obtained in whole or part from these conifers,
— | packing cases, crates or drums,
— | pallets, box pallets or other load boards,
— | dunnage, spacers and bearers,
(c) | susceptible wood, in the form of chips, particles, wood waste or scrap obtained in whole or part from these conifers shall be accompanied by the said plant passport after having undergone an appropriate fumigation treatment in order to ensure freedom from live PWNs;
(d) | susceptible wood, in the form of dunnage, spacers and bearers, including that which has not kept its natural round surface shall:—be stripped of its bark,—be free from grub holes which are larger than 3 mm across,—have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture; | — | be stripped of its bark, | — | be free from grub holes which are larger than 3 mm across, | — | have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture;
— | be stripped of its bark,
— | be free from grub holes which are larger than 3 mm across,
— | have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture;
(e) | susceptible wood, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, whether or not actually in use in the transport of objects of all kinds shall undergo either an appropriate heat treatment to achieve a minimum wood core temperature of 56 °C for 30 minutes, pressure (impregnated) treatment, or fumigation in order to ensure freedom from live PWNs and either display an officially approved treatment marking enabling the identification of where and by whom the treatment has been carried out or be accompanied by the said plant passport attesting to the measures carried out.
2. | In cases of movements within demarcated areas of Portugal:(a)susceptible plants:—grown in places of production where no symptoms of PWN have been observed, or in its immediate vicinity since the beginning of the last complete cycle of vegetation and found free from signs or symptoms of PWN during official inspections, shall be accompanied by the said plant passport when moved from the place of production,—grown in places of production where symptoms of PWN have been observed, or in its immediate vicinity, since the beginning of the last complete cycle of vegetation or identified as infested by PWN shall not be moved from the place of production and shall be destroyed by burning,—grown in places, such as forests, public or private gardens, which are either identified as infested by PWN, or showing any symptoms of poor health or situated in salvage areas, shall:—if identified in the period 1 November to 1 April, be felled within that period, or—if identified in the period 2 April to 31 October, be felled immediately and,—if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly;(b)during the period between 1 November and 1 April, susceptible wood in the form of roundwood or sawnwood, with or without bark, including that which has not kept its natural round surface:(i)obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall before 2 April either be:—destroyed by burning under official control at appropriate places, or—moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs;(ii)obtained from trees other than those referred to in subparagraph (i) shall be officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in subparagraph (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or by way of derogation moved into areas in Portugal, other than demarcated areas under official control to approved processing plants notified to the Commission, where the wood or chips made from such wood, within the period between 1 November and 1 April, shall either:—in the case of chips, be used for industrial purposes within such an approved processing plant, or—in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes;(c)during the period between 2 April and 31 October, susceptible wood in the form of roundwood or sawnwood, with or without bark, including that which has not kept its natural round surface:(i)obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall either be:—immediately destroyed by burning under official control at appropriate places, or—immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs;(ii)obtained from trees other than those referred to in subparagraph (i) shall be immediately stripped of bark at the place of felling or in the immediate vicinity and either be:—officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or—moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs;(d)susceptible bark shall be—destroyed by burning or used as fuel at an industrial processing plant, or—heat treated in such a way that a minimum temperature of 56 °C for 30 minutes has been achieved throughout the bark, or—fumigated in order to ensure freedom from live PWNs;(e)susceptible wood in the form of waste produced at the time of felling, shall be burned at appropriate places under official control:—in the period 1 November to 1 April, within that period, or—in the period 2 April to 31 October, immediately;(f)susceptible wood, in the form of waste produced during wood processing, shall either be immediately burned at appropriate places under official control, used as fuel wood at the processing plant or fumigated in order to ensure freedom live PWNs;(g)susceptible wood, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, spacers and bearers, including that which has not kept its natural round surface, shall:—be stripped of its bark,—be free from grub holes which are larger than 3 mm across,—have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture. | (a) | susceptible plants:—grown in places of production where no symptoms of PWN have been observed, or in its immediate vicinity since the beginning of the last complete cycle of vegetation and found free from signs or symptoms of PWN during official inspections, shall be accompanied by the said plant passport when moved from the place of production,—grown in places of production where symptoms of PWN have been observed, or in its immediate vicinity, since the beginning of the last complete cycle of vegetation or identified as infested by PWN shall not be moved from the place of production and shall be destroyed by burning,—grown in places, such as forests, public or private gardens, which are either identified as infested by PWN, or showing any symptoms of poor health or situated in salvage areas, shall:—if identified in the period 1 November to 1 April, be felled within that period, or—if identified in the period 2 April to 31 October, be felled immediately and,—if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly; | — | grown in places of production where no symptoms of PWN have been observed, or in its immediate vicinity since the beginning of the last complete cycle of vegetation and found free from signs or symptoms of PWN during official inspections, shall be accompanied by the said plant passport when moved from the place of production, | — | grown in places of production where symptoms of PWN have been observed, or in its immediate vicinity, since the beginning of the last complete cycle of vegetation or identified as infested by PWN shall not be moved from the place of production and shall be destroyed by burning, | — | grown in places, such as forests, public or private gardens, which are either identified as infested by PWN, or showing any symptoms of poor health or situated in salvage areas, shall:—if identified in the period 1 November to 1 April, be felled within that period, or—if identified in the period 2 April to 31 October, be felled immediately and,—if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly; | — | if identified in the period 1 November to 1 April, be felled within that period, or | — | if identified in the period 2 April to 31 October, be felled immediately and, | — | if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly; | (b) | during the period between 1 November and 1 April, susceptible wood in the form of roundwood or sawnwood, with or without bark, including that which has not kept its natural round surface:(i)obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall before 2 April either be:—destroyed by burning under official control at appropriate places, or—moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs;(ii)obtained from trees other than those referred to in subparagraph (i) shall be officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in subparagraph (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or by way of derogation moved into areas in Portugal, other than demarcated areas under official control to approved processing plants notified to the Commission, where the wood or chips made from such wood, within the period between 1 November and 1 April, shall either:—in the case of chips, be used for industrial purposes within such an approved processing plant, or—in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; | (i) | obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall before 2 April either be:—destroyed by burning under official control at appropriate places, or—moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; | — | destroyed by burning under official control at appropriate places, or | — | moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; | — | a processing plant to be chipped and utilised within this plant, or | — | an industrial plant for use as fuel wood within this plant, or | — | a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; | — | heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or | — | chipped and fumigated in order to ensure freedom from live PWNs; | (ii) | obtained from trees other than those referred to in subparagraph (i) shall be officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in subparagraph (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or by way of derogation moved into areas in Portugal, other than demarcated areas under official control to approved processing plants notified to the Commission, where the wood or chips made from such wood, within the period between 1 November and 1 April, shall either:—in the case of chips, be used for industrial purposes within such an approved processing plant, or—in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; | — | in the case of chips, be used for industrial purposes within such an approved processing plant, or | — | in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; | — | be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or | — | be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or | — | be chipped and used for industrial purposes within this plant, or | — | be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; | — | heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or | — | chipped and fumigated in order to ensure freedom from live pine wood nematodes, or | — | chipped and used for industrial purposes; | (c) | during the period between 2 April and 31 October, susceptible wood in the form of roundwood or sawnwood, with or without bark, including that which has not kept its natural round surface:(i)obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall either be:—immediately destroyed by burning under official control at appropriate places, or—immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs;(ii)obtained from trees other than those referred to in subparagraph (i) shall be immediately stripped of bark at the place of felling or in the immediate vicinity and either be:—officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or—moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; | (i) | obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall either be:—immediately destroyed by burning under official control at appropriate places, or—immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs; | — | immediately destroyed by burning under official control at appropriate places, or | — | immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs; | — | to be immediately chipped and used for industrial purposes, or | — | for immediate use as fuel within this plant, or | — | to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or | — | to be immediately chipped and fumigated in order to ensure freedom from live PWNs; | (ii) | obtained from trees other than those referred to in subparagraph (i) shall be immediately stripped of bark at the place of felling or in the immediate vicinity and either be:—officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or—moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; | — | officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or | — | moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; | — | chipped and used for industrial purposes, or | — | heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or | — | chipped and fumigated in order to ensure freedom from live PWNs; | (d) | susceptible bark shall be—destroyed by burning or used as fuel at an industrial processing plant, or—heat treated in such a way that a minimum temperature of 56 °C for 30 minutes has been achieved throughout the bark, or—fumigated in order to ensure freedom from live PWNs; | — | destroyed by burning or used as fuel at an industrial processing plant, or | — | heat treated in such a way that a minimum temperature of 56 °C for 30 minutes has been achieved throughout the bark, or | — | fumigated in order to ensure freedom from live PWNs; | (e) | susceptible wood in the form of waste produced at the time of felling, shall be burned at appropriate places under official control:—in the period 1 November to 1 April, within that period, or—in the period 2 April to 31 October, immediately; | — | in the period 1 November to 1 April, within that period, or | — | in the period 2 April to 31 October, immediately; | (f) | susceptible wood, in the form of waste produced during wood processing, shall either be immediately burned at appropriate places under official control, used as fuel wood at the processing plant or fumigated in order to ensure freedom live PWNs; | (g) | susceptible wood, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, spacers and bearers, including that which has not kept its natural round surface, shall:—be stripped of its bark,—be free from grub holes which are larger than 3 mm across,—have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture. | — | be stripped of its bark, | — | be free from grub holes which are larger than 3 mm across, | — | have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture.
(a) | susceptible plants:—grown in places of production where no symptoms of PWN have been observed, or in its immediate vicinity since the beginning of the last complete cycle of vegetation and found free from signs or symptoms of PWN during official inspections, shall be accompanied by the said plant passport when moved from the place of production,—grown in places of production where symptoms of PWN have been observed, or in its immediate vicinity, since the beginning of the last complete cycle of vegetation or identified as infested by PWN shall not be moved from the place of production and shall be destroyed by burning,—grown in places, such as forests, public or private gardens, which are either identified as infested by PWN, or showing any symptoms of poor health or situated in salvage areas, shall:—if identified in the period 1 November to 1 April, be felled within that period, or—if identified in the period 2 April to 31 October, be felled immediately and,—if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly; | — | grown in places of production where no symptoms of PWN have been observed, or in its immediate vicinity since the beginning of the last complete cycle of vegetation and found free from signs or symptoms of PWN during official inspections, shall be accompanied by the said plant passport when moved from the place of production, | — | grown in places of production where symptoms of PWN have been observed, or in its immediate vicinity, since the beginning of the last complete cycle of vegetation or identified as infested by PWN shall not be moved from the place of production and shall be destroyed by burning, | — | grown in places, such as forests, public or private gardens, which are either identified as infested by PWN, or showing any symptoms of poor health or situated in salvage areas, shall:—if identified in the period 1 November to 1 April, be felled within that period, or—if identified in the period 2 April to 31 October, be felled immediately and,—if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly; | — | if identified in the period 1 November to 1 April, be felled within that period, or | — | if identified in the period 2 April to 31 October, be felled immediately and, | — | if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly;
— | grown in places of production where no symptoms of PWN have been observed, or in its immediate vicinity since the beginning of the last complete cycle of vegetation and found free from signs or symptoms of PWN during official inspections, shall be accompanied by the said plant passport when moved from the place of production,
— | grown in places of production where symptoms of PWN have been observed, or in its immediate vicinity, since the beginning of the last complete cycle of vegetation or identified as infested by PWN shall not be moved from the place of production and shall be destroyed by burning,
— | grown in places, such as forests, public or private gardens, which are either identified as infested by PWN, or showing any symptoms of poor health or situated in salvage areas, shall:—if identified in the period 1 November to 1 April, be felled within that period, or—if identified in the period 2 April to 31 October, be felled immediately and,—if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly; | — | if identified in the period 1 November to 1 April, be felled within that period, or | — | if identified in the period 2 April to 31 October, be felled immediately and, | — | if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly;
— | if identified in the period 1 November to 1 April, be felled within that period, or
— | if identified in the period 2 April to 31 October, be felled immediately and,
— | if located in the part of demarcated areas designated as buffer zones in accordance with the provisions of Article 5, tested for the presence of PWN. If the presence is confirmed, the delimitation of the demarcated areas shall be changed accordingly;
(b) | during the period between 1 November and 1 April, susceptible wood in the form of roundwood or sawnwood, with or without bark, including that which has not kept its natural round surface:(i)obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall before 2 April either be:—destroyed by burning under official control at appropriate places, or—moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs;(ii)obtained from trees other than those referred to in subparagraph (i) shall be officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in subparagraph (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or by way of derogation moved into areas in Portugal, other than demarcated areas under official control to approved processing plants notified to the Commission, where the wood or chips made from such wood, within the period between 1 November and 1 April, shall either:—in the case of chips, be used for industrial purposes within such an approved processing plant, or—in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; | (i) | obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall before 2 April either be:—destroyed by burning under official control at appropriate places, or—moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; | — | destroyed by burning under official control at appropriate places, or | — | moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; | — | a processing plant to be chipped and utilised within this plant, or | — | an industrial plant for use as fuel wood within this plant, or | — | a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; | — | heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or | — | chipped and fumigated in order to ensure freedom from live PWNs; | (ii) | obtained from trees other than those referred to in subparagraph (i) shall be officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in subparagraph (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or by way of derogation moved into areas in Portugal, other than demarcated areas under official control to approved processing plants notified to the Commission, where the wood or chips made from such wood, within the period between 1 November and 1 April, shall either:—in the case of chips, be used for industrial purposes within such an approved processing plant, or—in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; | — | in the case of chips, be used for industrial purposes within such an approved processing plant, or | — | in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; | — | be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or | — | be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or | — | be chipped and used for industrial purposes within this plant, or | — | be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; | — | heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or | — | chipped and fumigated in order to ensure freedom from live pine wood nematodes, or | — | chipped and used for industrial purposes;
(i) | obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall before 2 April either be:—destroyed by burning under official control at appropriate places, or—moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; | — | destroyed by burning under official control at appropriate places, or | — | moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; | — | a processing plant to be chipped and utilised within this plant, or | — | an industrial plant for use as fuel wood within this plant, or | — | a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; | — | heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or | — | chipped and fumigated in order to ensure freedom from live PWNs;
— | destroyed by burning under official control at appropriate places, or
— | moved under official control to either:—a processing plant to be chipped and utilised within this plant, or—an industrial plant for use as fuel wood within this plant, or—a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; | — | a processing plant to be chipped and utilised within this plant, or | — | an industrial plant for use as fuel wood within this plant, or | — | a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; | — | heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or | — | chipped and fumigated in order to ensure freedom from live PWNs;
— | a processing plant to be chipped and utilised within this plant, or
— | an industrial plant for use as fuel wood within this plant, or
— | a processing plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; | — | heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or | — | chipped and fumigated in order to ensure freedom from live PWNs;
— | heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— | chipped and fumigated in order to ensure freedom from live PWNs;
(ii) | obtained from trees other than those referred to in subparagraph (i) shall be officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in subparagraph (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or by way of derogation moved into areas in Portugal, other than demarcated areas under official control to approved processing plants notified to the Commission, where the wood or chips made from such wood, within the period between 1 November and 1 April, shall either:—in the case of chips, be used for industrial purposes within such an approved processing plant, or—in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; | — | in the case of chips, be used for industrial purposes within such an approved processing plant, or | — | in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; | — | be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or | — | be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or | — | be chipped and used for industrial purposes within this plant, or | — | be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; | — | heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or | — | chipped and fumigated in order to ensure freedom from live pine wood nematodes, or | — | chipped and used for industrial purposes;
— | in the case of chips, be used for industrial purposes within such an approved processing plant, or
— | in the case of wood:—be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or—be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or—be chipped and used for industrial purposes within this plant, or—be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; | — | be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or | — | be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or | — | be chipped and used for industrial purposes within this plant, or | — | be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; | — | heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or | — | chipped and fumigated in order to ensure freedom from live pine wood nematodes, or | — | chipped and used for industrial purposes;
— | be heat treated in such a way that a minimum wood-core temperature of 56 °C for 30 minutes has been achieved. Further movement of such heat-treated wood may be allowed when the wood is accompanied by a plant passport, or
— | be chipped and fumigated in order to ensure freedom from live PWNs. Further movement of such fumigated wood may be allowed when it is accompanied by a plant passport, or
— | be chipped and used for industrial purposes within this plant, or
— | be moved under official control to a plant, where the wood shall either be:—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live pine wood nematodes, or—chipped and used for industrial purposes; | — | heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or | — | chipped and fumigated in order to ensure freedom from live pine wood nematodes, or | — | chipped and used for industrial purposes;
— | heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— | chipped and fumigated in order to ensure freedom from live pine wood nematodes, or
— | chipped and used for industrial purposes;
(c) | during the period between 2 April and 31 October, susceptible wood in the form of roundwood or sawnwood, with or without bark, including that which has not kept its natural round surface:(i)obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall either be:—immediately destroyed by burning under official control at appropriate places, or—immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs;(ii)obtained from trees other than those referred to in subparagraph (i) shall be immediately stripped of bark at the place of felling or in the immediate vicinity and either be:—officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or—moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; | (i) | obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall either be:—immediately destroyed by burning under official control at appropriate places, or—immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs; | — | immediately destroyed by burning under official control at appropriate places, or | — | immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs; | — | to be immediately chipped and used for industrial purposes, or | — | for immediate use as fuel within this plant, or | — | to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or | — | to be immediately chipped and fumigated in order to ensure freedom from live PWNs; | (ii) | obtained from trees other than those referred to in subparagraph (i) shall be immediately stripped of bark at the place of felling or in the immediate vicinity and either be:—officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or—moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; | — | officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or | — | moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; | — | chipped and used for industrial purposes, or | — | heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or | — | chipped and fumigated in order to ensure freedom from live PWNs;
(i) | obtained from trees identified as infested by PWN, or situated in salvage areas, or showing any symptoms of poor health, shall either be:—immediately destroyed by burning under official control at appropriate places, or—immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs; | — | immediately destroyed by burning under official control at appropriate places, or | — | immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs; | — | to be immediately chipped and used for industrial purposes, or | — | for immediate use as fuel within this plant, or | — | to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or | — | to be immediately chipped and fumigated in order to ensure freedom from live PWNs;
— | immediately destroyed by burning under official control at appropriate places, or
— | immediately stripped of bark at appropriate places outside the forest before being moved under official control to storage places where the wood is treated with an appropriate insecticide or which have appropriate and approved wet storage facilities, available at least during the above period, with a view to a further movement to an industrial plant:—to be immediately chipped and used for industrial purposes, or—for immediate use as fuel within this plant, or—to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—to be immediately chipped and fumigated in order to ensure freedom from live PWNs; | — | to be immediately chipped and used for industrial purposes, or | — | for immediate use as fuel within this plant, or | — | to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or | — | to be immediately chipped and fumigated in order to ensure freedom from live PWNs;
— | to be immediately chipped and used for industrial purposes, or
— | for immediate use as fuel within this plant, or
— | to be immediately heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— | to be immediately chipped and fumigated in order to ensure freedom from live PWNs;
(ii) | obtained from trees other than those referred to in subparagraph (i) shall be immediately stripped of bark at the place of felling or in the immediate vicinity and either be:—officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or—moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; | — | officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or | — | moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; | — | chipped and used for industrial purposes, or | — | heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or | — | chipped and fumigated in order to ensure freedom from live PWNs;
— | officially tested for the presence of PWN and ofMonochamusspp.; if the presence of PWN or ofMonochamusspp. is confirmed the wood shall be subjected to the provisions referred to in (i); if the presence of PWN and ofMonochamusspp. is refuted, the wood may be moved under official control to a processing plant for further use as construction timber, or
— | moved under official control to a plant where the wood shall either be:—chipped and used for industrial purposes, or—heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or—chipped and fumigated in order to ensure freedom from live PWNs; | — | chipped and used for industrial purposes, or | — | heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or | — | chipped and fumigated in order to ensure freedom from live PWNs;
— | chipped and used for industrial purposes, or
— | heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been achieved, or
— | chipped and fumigated in order to ensure freedom from live PWNs;
(d) | susceptible bark shall be—destroyed by burning or used as fuel at an industrial processing plant, or—heat treated in such a way that a minimum temperature of 56 °C for 30 minutes has been achieved throughout the bark, or—fumigated in order to ensure freedom from live PWNs; | — | destroyed by burning or used as fuel at an industrial processing plant, or | — | heat treated in such a way that a minimum temperature of 56 °C for 30 minutes has been achieved throughout the bark, or | — | fumigated in order to ensure freedom from live PWNs;
— | destroyed by burning or used as fuel at an industrial processing plant, or
— | heat treated in such a way that a minimum temperature of 56 °C for 30 minutes has been achieved throughout the bark, or
— | fumigated in order to ensure freedom from live PWNs;
(e) | susceptible wood in the form of waste produced at the time of felling, shall be burned at appropriate places under official control:—in the period 1 November to 1 April, within that period, or—in the period 2 April to 31 October, immediately; | — | in the period 1 November to 1 April, within that period, or | — | in the period 2 April to 31 October, immediately;
— | in the period 1 November to 1 April, within that period, or
— | in the period 2 April to 31 October, immediately;
(f) | susceptible wood, in the form of waste produced during wood processing, shall either be immediately burned at appropriate places under official control, used as fuel wood at the processing plant or fumigated in order to ensure freedom live PWNs;
(g) | susceptible wood, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, spacers and bearers, including that which has not kept its natural round surface, shall:—be stripped of its bark,—be free from grub holes which are larger than 3 mm across,—have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture. | — | be stripped of its bark, | — | be free from grub holes which are larger than 3 mm across, | — | have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture.
— | be stripped of its bark,
— | be free from grub holes which are larger than 3 mm across,
— | have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of manufacture.
(1)
OJ L 4, 8.1.1993, p. 22, Directive as amended by Directive 2005/17/EC (OJ L 57, 3.3.2005, p. 23).

Pending: 32006D0126

January 16, 2026
22.2.2006 EN Official Journal of the European Union L 51/17
(1) Under Article 27(1) of Directive 77/388/EEC, the Council, acting unanimously on a proposal from the Commission, may authorise any Member State to introduce special measures for derogation from that Directive, in order to simplify the procedure for charging the valued added tax (VAT) or to prevent certain types of tax evasion or avoidance.
(2) By letter registered by the Secretariat-General of the Commission on 25 October 2005, the Kingdom of the Netherlands (hereinafter Netherlands) requested an extension of Council Decision 98/161/EC of 16 February 1998 authorising the Kingdom of the Netherlands to apply a measure derogating from Articles 2 and 28a(1) of the Sixth Council Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes(2).
(3) By letter registered by the Secretariat-General of the Commission on 3 August 2005, the Kingdom of Spain (hereinafter Spain) requested an extension of Council Decision 2004/228/EC of 26 February 2004 authorising Spain to apply a measure derogating from Article 21 of the Sixth Council Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes(3).
(4) By letter registered by the Secretariat-General of the Commission on 26 September 2005, the Italian Republic (hereinafter Italy) requested an extension of Council Decision 2004/295/EC of 22 March 2004 authorising Italy to apply a measure derogating from Article 21 of the Sixth Council Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes(4).
(5) In accordance with Article 27(2) of Directive 77/388/EEC, the Commission informed the other Member States of the mentioned requests. In letters dated 27 October 2005, 7 September 2005 and 25 October 2005, the Commission respectively notified the Netherlands, Spain and Italy that it had all the information it considered necessary for the appraisal of their individual requests.
(6) Decision 98/161/EC authorised the Netherlands to apply, until 31 December 1999, certain measures to prevent evasion connected with the supply and intra-community acquisition of used and waste materials. Council Decision 2000/435/EC(5)extended the expiry date of Decision 98/161/EC until 31 December 2003. It was subsequently followed by Council Decision 2004/514/EC(6), which further extended the authorisation given under Decision 98/161/EC until the earlier of the date of entry into force of a special scheme for the application of VAT to the recycled waste sector or 31 December 2005.
(7) Decision 2004/228/EC authorised Spain to apply a measure to prevent evasion of VAT in the waste recycling sector. The said Decision expires on the earlier of the date of entry into force of a special scheme for the application of VAT to the recycled waste sector or 31 December 2005.
(8) Decision 2004/295/EC authorised Italy to apply a measure to prevent evasion of VAT in the waste recycling sector. The said Decision expires on the earlier of the date of entry into force of a special scheme for the application of VAT to the recycled waste sector or 31 December 2005.
(9) The measures are proportionate to the objectives pursued since they are intended to apply to specific supplies which pose considerable risks of tax evasion.
(10) The matters of law and of fact which justified the application of the special measures in question have not been changed and still pertain. However, on 16 March 2005, the Commission submitted a proposal for a Council Directive amending Directive 77/388/EEC as regards certain measures to simplify the procedure for charging value added tax and to assist in countering tax evasion and avoidance, and repealing certain Decisions granting derogations. The proposed Directive would, if adopted, empower Member States to designate the recipient of certain goods and services in the waste sector as the person liable to pay the tax.
(11) Consequently, it is necessary to extend the application of Decisions 98/161/EC, 2004/228/EC and 2004/295/EC, until 31 December 2009 or until the date of entry into force of a special scheme for the application of VAT to the recycled waste sector amending Directive 77/388/EEC, whichever is the earlier.
(12) The extension of the derogation has no adverse impact on the Communities’ own resources accruing from VAT, nor does it have any effect on the amount of VAT charged at the final stage of consumption.
(13) In order to ensure legal continuity, this Decision should apply as from 1 January 2006,
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of valued added tax: uniform basis of assessment(1), and in particular Article 27 thereof,
Having regard to the proposal from the Commission,
(1) Under Article 27(1) of Directive 77/388/EEC, the Council, acting unanimously on a proposal from the Commission, may authorise any Member State to introduce special measures for derogation from that Directive, in order to simplify the procedure for charging the valued added tax (VAT) or to prevent certain types of tax evasion or avoidance.
(2) By letter registered by the Secretariat-General of the Commission on 25 October 2005, the Kingdom of the Netherlands (hereinafter Netherlands) requested an extension of Council Decision 98/161/EC of 16 February 1998 authorising the Kingdom of the Netherlands to apply a measure derogating from Articles 2 and 28a(1) of the Sixth Council Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes(2).
(3) By letter registered by the Secretariat-General of the Commission on 3 August 2005, the Kingdom of Spain (hereinafter Spain) requested an extension of Council Decision 2004/228/EC of 26 February 2004 authorising Spain to apply a measure derogating from Article 21 of the Sixth Council Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes(3).
(4) By letter registered by the Secretariat-General of the Commission on 26 September 2005, the Italian Republic (hereinafter Italy) requested an extension of Council Decision 2004/295/EC of 22 March 2004 authorising Italy to apply a measure derogating from Article 21 of the Sixth Council Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes(4).
(5) In accordance with Article 27(2) of Directive 77/388/EEC, the Commission informed the other Member States of the mentioned requests. In letters dated 27 October 2005, 7 September 2005 and 25 October 2005, the Commission respectively notified the Netherlands, Spain and Italy that it had all the information it considered necessary for the appraisal of their individual requests.
(6) Decision 98/161/EC authorised the Netherlands to apply, until 31 December 1999, certain measures to prevent evasion connected with the supply and intra-community acquisition of used and waste materials. Council Decision 2000/435/EC(5)extended the expiry date of Decision 98/161/EC until 31 December 2003. It was subsequently followed by Council Decision 2004/514/EC(6), which further extended the authorisation given under Decision 98/161/EC until the earlier of the date of entry into force of a special scheme for the application of VAT to the recycled waste sector or 31 December 2005.
(7) Decision 2004/228/EC authorised Spain to apply a measure to prevent evasion of VAT in the waste recycling sector. The said Decision expires on the earlier of the date of entry into force of a special scheme for the application of VAT to the recycled waste sector or 31 December 2005.
(8) Decision 2004/295/EC authorised Italy to apply a measure to prevent evasion of VAT in the waste recycling sector. The said Decision expires on the earlier of the date of entry into force of a special scheme for the application of VAT to the recycled waste sector or 31 December 2005.
(9) The measures are proportionate to the objectives pursued since they are intended to apply to specific supplies which pose considerable risks of tax evasion.
(10) The matters of law and of fact which justified the application of the special measures in question have not been changed and still pertain. However, on 16 March 2005, the Commission submitted a proposal for a Council Directive amending Directive 77/388/EEC as regards certain measures to simplify the procedure for charging value added tax and to assist in countering tax evasion and avoidance, and repealing certain Decisions granting derogations. The proposed Directive would, if adopted, empower Member States to designate the recipient of certain goods and services in the waste sector as the person liable to pay the tax.
(11) Consequently, it is necessary to extend the application of Decisions 98/161/EC, 2004/228/EC and 2004/295/EC, until 31 December 2009 or until the date of entry into force of a special scheme for the application of VAT to the recycled waste sector amending Directive 77/388/EEC, whichever is the earlier.
(12) The extension of the derogation has no adverse impact on the Communities’ own resources accruing from VAT, nor does it have any effect on the amount of VAT charged at the final stage of consumption.
(13) In order to ensure legal continuity, this Decision should apply as from 1 January 2006,
HAS ADOPTED THIS DECISION:

Article 1
In Article 1 of Decision 98/161/EC, ‘31 December 2005’ shall be replaced by ‘31 December 2009’.

Article 2
In Article 3 of Decision 2004/228/EC, ‘31 December 2005’ shall be replaced by ‘31 December 2009’.

Article 3
In Article 3 of Decision 2004/295/EC, ‘31 December 2005’ shall be replaced by ‘31 December 2009’.

Article 4
This Decision shall apply as from 1 January 2006.

Article 5
This Decision is addressed to the Kingdom of Spain, the Italian Republic and the Kingdom of the Netherlands.

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of valued added tax: uniform basis of assessment(1), and in particular Article 27 thereof,
Having regard to the proposal from the Commission,
(1) Under Article 27(1) of Directive 77/388/EEC, the Council, acting unanimously on a proposal from the Commission, may authorise any Member State to introduce special measures for derogation from that Directive, in order to simplify the procedure for charging the valued added tax (VAT) or to prevent certain types of tax evasion or avoidance.
(2) By letter registered by the Secretariat-General of the Commission on 25 October 2005, the Kingdom of the Netherlands (hereinafter Netherlands) requested an extension of Council Decision 98/161/EC of 16 February 1998 authorising the Kingdom of the Netherlands to apply a measure derogating from Articles 2 and 28a(1) of the Sixth Council Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes(2).
(3) By letter registered by the Secretariat-General of the Commission on 3 August 2005, the Kingdom of Spain (hereinafter Spain) requested an extension of Council Decision 2004/228/EC of 26 February 2004 authorising Spain to apply a measure derogating from Article 21 of the Sixth Council Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes(3).
(4) By letter registered by the Secretariat-General of the Commission on 26 September 2005, the Italian Republic (hereinafter Italy) requested an extension of Council Decision 2004/295/EC of 22 March 2004 authorising Italy to apply a measure derogating from Article 21 of the Sixth Council Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes(4).
(5) In accordance with Article 27(2) of Directive 77/388/EEC, the Commission informed the other Member States of the mentioned requests. In letters dated 27 October 2005, 7 September 2005 and 25 October 2005, the Commission respectively notified the Netherlands, Spain and Italy that it had all the information it considered necessary for the appraisal of their individual requests.
(6) Decision 98/161/EC authorised the Netherlands to apply, until 31 December 1999, certain measures to prevent evasion connected with the supply and intra-community acquisition of used and waste materials. Council Decision 2000/435/EC(5)extended the expiry date of Decision 98/161/EC until 31 December 2003. It was subsequently followed by Council Decision 2004/514/EC(6), which further extended the authorisation given under Decision 98/161/EC until the earlier of the date of entry into force of a special scheme for the application of VAT to the recycled waste sector or 31 December 2005.
(7) Decision 2004/228/EC authorised Spain to apply a measure to prevent evasion of VAT in the waste recycling sector. The said Decision expires on the earlier of the date of entry into force of a special scheme for the application of VAT to the recycled waste sector or 31 December 2005.
(8) Decision 2004/295/EC authorised Italy to apply a measure to prevent evasion of VAT in the waste recycling sector. The said Decision expires on the earlier of the date of entry into force of a special scheme for the application of VAT to the recycled waste sector or 31 December 2005.
(9) The measures are proportionate to the objectives pursued since they are intended to apply to specific supplies which pose considerable risks of tax evasion.
(10) The matters of law and of fact which justified the application of the special measures in question have not been changed and still pertain. However, on 16 March 2005, the Commission submitted a proposal for a Council Directive amending Directive 77/388/EEC as regards certain measures to simplify the procedure for charging value added tax and to assist in countering tax evasion and avoidance, and repealing certain Decisions granting derogations. The proposed Directive would, if adopted, empower Member States to designate the recipient of certain goods and services in the waste sector as the person liable to pay the tax.
(11) Consequently, it is necessary to extend the application of Decisions 98/161/EC, 2004/228/EC and 2004/295/EC, until 31 December 2009 or until the date of entry into force of a special scheme for the application of VAT to the recycled waste sector amending Directive 77/388/EEC, whichever is the earlier.
(12) The extension of the derogation has no adverse impact on the Communities’ own resources accruing from VAT, nor does it have any effect on the amount of VAT charged at the final stage of consumption.
(13) In order to ensure legal continuity, this Decision should apply as from 1 January 2006,
HAS ADOPTED THIS DECISION:
In Article 1 of Decision 98/161/EC, ‘31 December 2005’ shall be replaced by ‘31 December 2009’.
In Article 3 of Decision 2004/228/EC, ‘31 December 2005’ shall be replaced by ‘31 December 2009’.
In Article 3 of Decision 2004/295/EC, ‘31 December 2005’ shall be replaced by ‘31 December 2009’.
This Decision shall apply as from 1 January 2006.
This Decision is addressed to the Kingdom of Spain, the Italian Republic and the Kingdom of the Netherlands.

Pending: 32006D0080

January 16, 2026
8.2.2006 EN Official Journal of the European Union L 36/50
(1) Article 3(2) of Directive 92/102/EEC provides for the possibility to authorise Member States to exclude from the list of holdings required by Article 3(1) natural persons who keep one single pig which is intended for their own use or consumption, or to take account of particular circumstances, provided that this animal is subjected to the controls laid down in that Directive before any movement.
(2) The authorities of the Czech Republic, France, Poland and Slovakia have requested this authorisation as regards holdings with one single pig and have given the appropriate assurances in respect of veterinary controls.
(3) Therefore the Czech Republic, France, Poland and Slovakia should be authorised to apply the derogation.
(4) Commission Decision 95/80/EC(2)grants Portugal the derogation provided for in Article 3(2) of Directive 92/102/EEC on the identification and registration of animals.
(5) Commission Decision 2005/458/EC(3)grants Italy the derogation provided for in Article 3(2) of Directive 92/102/EEC.
(6) It is appropriate to list in a single decision the Member States having been granted the derogation provided for in Article 3(2) of Directive 92/102/EEC.
(7) Decisions 95/80/EC and 2005/458/EC should therefore be repealed and replaced by this Decision.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee for the Food Chain and Animal Health,
The Czech Republic
France
Italy
Poland
Portugal
Slovakia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 92/102/EEC of 27 November 1992 on the identification and registration of animals(1), and in particular Article 3(2) thereof,
(1) Article 3(2) of Directive 92/102/EEC provides for the possibility to authorise Member States to exclude from the list of holdings required by Article 3(1) natural persons who keep one single pig which is intended for their own use or consumption, or to take account of particular circumstances, provided that this animal is subjected to the controls laid down in that Directive before any movement.
(2) The authorities of the Czech Republic, France, Poland and Slovakia have requested this authorisation as regards holdings with one single pig and have given the appropriate assurances in respect of veterinary controls.
(3) Therefore the Czech Republic, France, Poland and Slovakia should be authorised to apply the derogation.
(4) Commission Decision 95/80/EC(2)grants Portugal the derogation provided for in Article 3(2) of Directive 92/102/EEC on the identification and registration of animals.
(5) Commission Decision 2005/458/EC(3)grants Italy the derogation provided for in Article 3(2) of Directive 92/102/EEC.
(6) It is appropriate to list in a single decision the Member States having been granted the derogation provided for in Article 3(2) of Directive 92/102/EEC.
(7) Decisions 95/80/EC and 2005/458/EC should therefore be repealed and replaced by this Decision.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee for the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:

Article 1
The Member States listed in the annex to this Decision are authorised to apply the derogation provided for in Article 3(2) of Directive 92/102/EEC as regards holdings with one single pig.

Article 2
Decisions 95/80/EC and 2005/458/EC are hereby repealed.

Article 3
This Decision is addressed to the Czech Republic, to the French Republic, to the Italian Republic, to the Polish Republic, to the Portuguese Republic and to the Slovak Republic.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 92/102/EEC of 27 November 1992 on the identification and registration of animals(1), and in particular Article 3(2) thereof,
(1) Article 3(2) of Directive 92/102/EEC provides for the possibility to authorise Member States to exclude from the list of holdings required by Article 3(1) natural persons who keep one single pig which is intended for their own use or consumption, or to take account of particular circumstances, provided that this animal is subjected to the controls laid down in that Directive before any movement.
(2) The authorities of the Czech Republic, France, Poland and Slovakia have requested this authorisation as regards holdings with one single pig and have given the appropriate assurances in respect of veterinary controls.
(3) Therefore the Czech Republic, France, Poland and Slovakia should be authorised to apply the derogation.
(4) Commission Decision 95/80/EC(2)grants Portugal the derogation provided for in Article 3(2) of Directive 92/102/EEC on the identification and registration of animals.
(5) Commission Decision 2005/458/EC(3)grants Italy the derogation provided for in Article 3(2) of Directive 92/102/EEC.
(6) It is appropriate to list in a single decision the Member States having been granted the derogation provided for in Article 3(2) of Directive 92/102/EEC.
(7) Decisions 95/80/EC and 2005/458/EC should therefore be repealed and replaced by this Decision.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee for the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
The Member States listed in the annex to this Decision are authorised to apply the derogation provided for in Article 3(2) of Directive 92/102/EEC as regards holdings with one single pig.
Decisions 95/80/EC and 2005/458/EC are hereby repealed.
This Decision is addressed to the Czech Republic, to the French Republic, to the Italian Republic, to the Polish Republic, to the Portuguese Republic and to the Slovak Republic.
ANNEXMember States authorised to apply the derogation provided for in Article 3(2) of Directive 92/102/EEC as regards holdings with one single pig.

| The Czech Republic
| France
| Italy
| Poland
| Portugal
| Slovakia

Pending: 32006D0007

January 16, 2026
10.1.2006 EN Official Journal of the European Union L 5/17
(1) Avian influenza is an infectious viral disease in poultry and birds, causing mortality and disturbances which can quickly take epizootic proportions liable to present a serious threat to animal and public health and to reduce sharply the profitability of poultry farming. There is a risk that the disease agent might be introduced via international trade in live poultry and poultry products, including untreated feathers.
(2) Several outbreaks of avian influenza have been notified by the Turkish authorities in backyard flocks in eastern Anatolia. As the disease is likely to have been spread to Turkey by migratory birds, the presence of the disease in Armenia, Azerbaijan, Georgia, Iran, Iraq and Syria cannot be excluded.
(3) Currently no poultry products other than untreated feathers and parts thereof are authorised for imports from the countries neighbouring Turkey.
(4) In accordance with Commission Decision 2005/733/EC(2), imports from Turkey of untreated feathers are already suspended.
(5) As no further information is available on surveillance for avian influenza in the countries neighbouring the eastern part of Turkey, and in view of the animal health risk of disease introduction into the Community, it is appropriate to suspend imports of untreated feathers and parts thereof from Armenia, Azerbaijan, Georgia, Iran, Iraq and Syria.
(6) Consequently it is appropriate to require proof of treatment for imports of commercial consignments of processed feathers from the third countries concerned.
(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
— Georgia
— Armenia
— Azerbaijan
— Iran
— Iraq
— Syria
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(1), and in particular Article 22 thereof,
(1) Avian influenza is an infectious viral disease in poultry and birds, causing mortality and disturbances which can quickly take epizootic proportions liable to present a serious threat to animal and public health and to reduce sharply the profitability of poultry farming. There is a risk that the disease agent might be introduced via international trade in live poultry and poultry products, including untreated feathers.
(2) Several outbreaks of avian influenza have been notified by the Turkish authorities in backyard flocks in eastern Anatolia. As the disease is likely to have been spread to Turkey by migratory birds, the presence of the disease in Armenia, Azerbaijan, Georgia, Iran, Iraq and Syria cannot be excluded.
(3) Currently no poultry products other than untreated feathers and parts thereof are authorised for imports from the countries neighbouring Turkey.
(4) In accordance with Commission Decision 2005/733/EC(2), imports from Turkey of untreated feathers are already suspended.
(5) As no further information is available on surveillance for avian influenza in the countries neighbouring the eastern part of Turkey, and in view of the animal health risk of disease introduction into the Community, it is appropriate to suspend imports of untreated feathers and parts thereof from Armenia, Azerbaijan, Georgia, Iran, Iraq and Syria.
(6) Consequently it is appropriate to require proof of treatment for imports of commercial consignments of processed feathers from the third countries concerned.
(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:

Article 1
Member States shall suspend the importation from the territory of the countries listed in the Annex to this Decision of untreated feathers and parts of untreated feathers.

Article 2
The Member States shall ensure that when imported from the territory of the countries listed in the Annex, consignments of treated feathers or parts of treated feathers (excluding treated decorative feathers, treated feathers carried by travelers for their private use or consignments of treated feathers sent to private individuals for non industrial purposes) are accompanied by a commercial document stating that the treated feathers or parts of treated feathers have been treated with a steam current or by some other method ensuring the inactivation of the pathogen.

Article 3
The Member States shall immediately take the necessary measures to comply with this Decision and publish those measures. They shall immediately inform the Commission thereof.

Article 4
This Decision shall apply until 30 April 2006.

Article 5
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(1), and in particular Article 22 thereof,
(1) Avian influenza is an infectious viral disease in poultry and birds, causing mortality and disturbances which can quickly take epizootic proportions liable to present a serious threat to animal and public health and to reduce sharply the profitability of poultry farming. There is a risk that the disease agent might be introduced via international trade in live poultry and poultry products, including untreated feathers.
(2) Several outbreaks of avian influenza have been notified by the Turkish authorities in backyard flocks in eastern Anatolia. As the disease is likely to have been spread to Turkey by migratory birds, the presence of the disease in Armenia, Azerbaijan, Georgia, Iran, Iraq and Syria cannot be excluded.
(3) Currently no poultry products other than untreated feathers and parts thereof are authorised for imports from the countries neighbouring Turkey.
(4) In accordance with Commission Decision 2005/733/EC(2), imports from Turkey of untreated feathers are already suspended.
(5) As no further information is available on surveillance for avian influenza in the countries neighbouring the eastern part of Turkey, and in view of the animal health risk of disease introduction into the Community, it is appropriate to suspend imports of untreated feathers and parts thereof from Armenia, Azerbaijan, Georgia, Iran, Iraq and Syria.
(6) Consequently it is appropriate to require proof of treatment for imports of commercial consignments of processed feathers from the third countries concerned.
(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Member States shall suspend the importation from the territory of the countries listed in the Annex to this Decision of untreated feathers and parts of untreated feathers.
The Member States shall ensure that when imported from the territory of the countries listed in the Annex, consignments of treated feathers or parts of treated feathers (excluding treated decorative feathers, treated feathers carried by travelers for their private use or consignments of treated feathers sent to private individuals for non industrial purposes) are accompanied by a commercial document stating that the treated feathers or parts of treated feathers have been treated with a steam current or by some other method ensuring the inactivation of the pathogen.
The Member States shall immediately take the necessary measures to comply with this Decision and publish those measures. They shall immediately inform the Commission thereof.
This Decision shall apply until 30 April 2006.
This Decision is addressed to the Member States.
ANNEXCountries as mentioned in Articles 1 and 2 of this Decision:

— | Georgia
— | Armenia
— | Azerbaijan
— | Iran
— | Iraq
— | Syria

Pending: 32005D0928

January 16, 2026
27.12.2005 EN Official Journal of the European Union L 344/47
(1) Council Directive 90/544/EEC of 9 October 1990 on the frequency bands designated for the coordinated introduction of pan-European land-based public radio paging in the Community (the ERMES Directive)(2)was repealed on 27 December 2005 by Directive 2005/82/EC of the European Parliament and of the Council(3). That Directive required Member States to designate in the 169,4 to 169,8 MHz radio spectrum band four channels for the pan-European land-based public radio paging service (hereinafter referred to as ‘ERMES’) and to ensure that ERMES services occupy, as quickly as possible, the whole of the 169,4 to 169,8 MHz radio spectrum band according to commercial demand.
(2) The use of the 169,4 to 169,8 MHz radio spectrum band for ERMES in the Community has decreased dramatically or even ceased altogether, with the result that this radio spectrum band is not being efficiently utilised by ERMES and could therefore be better used to fulfil other Community policy needs.
(3) Pursuant to Article 4(2) of the Radio Spectrum Decision, the Commission issued on 7 July 2003 a mandate to the European Conference of Postal and Telecommunications Administrations (hereinafter referred as ‘CEPT’) to collect information on the current and future possible applications of the 169,4 to 169,8 MHz band, to identify a list of alternative options for the use of the radio spectrum band and in particular those which are not related only to traditional electronic communications. The CEPT was asked to evaluate, for each possible application, co-existence between various applications and the possibility of using alternative radio spectrum bands, in line with the principles of the Framework Directive. The radio spectrum band, which is already partially harmonised, is appropriate for certain applications related to the establishment and functioning of the internal market in a number of Community policy areas, among which some are likely to benefit disabled people or assist justice and home affairs collaboration in the European Union.
(4) Article 8(4) of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for the electronic communications networks and services (Framework Directive)(4)requires Member States to promote the interests of European Union citizens by inter alia addressing the needs of specific social groups, in particular hearing impaired persons and persons requiring urgent assistance.
(5) Based on technical investigations and on collection of information, the CEPT confirmed that despite the adoption of Directive 90/544/EEC, the use of this radio spectrum band for ERMES has remained very limited and that the need for radio messaging or paging systems has changed in Europe as the functions thereof have been replaced by other technologies such as short messaging systems (SMS) over GSM.
(6) The designation of parts of the 169,4 to 169,8 MHz radio spectrum band for ERMES should therefore be modified in the Community in order to ensure more efficient use of this radio spectrum band, while preserving its harmonised character.
(7) As mandated, the CEPT has produced a new frequency plan and channel arrangement allowing six types of preferred applications to share the radio spectrum band from 169,4 up to 169,8125 MHz, in order to meet several Community policy needs. These needs include assistance through the use of hearing aids to persons suffering from hearing disability, for whom a harmonised radio spectrum band in the Community would improve travelling conditions between Member States and reduce equipment prices through economies of scale; the development of the internal market for social alarms, which allow elderly or disabled people to send alarm messages for assistance, asset tracking or tracing devices, which would assist in tracking and recovering stolen goods across the Community, meter reading systems used by water and electricity utility companies; and existing paging systems such as ERMES as well as private mobile radio systems (PMR) when employed for temporary use, to assist in the coverage of special temporary events for a period of a few days up to a few months.
(8) The results of the mandate to the CEPT, which the Commission regards as satisfactory, should be made applicable in the Community and implemented by the Member States. The remaining ERMES and/or PMR authorisations which are not in conformity with the new frequency plan and channel arrangement should be allowed to remain unaffected until their expiry or until ERMES and/or PMR applications can be moved to the appropriate radio spectrum bands without excessive burden.
(9) When allowing access to radio spectrum the least onerous authorisation system should be used, in accordance with Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)(5), including absence of individual rights of use.
(10) Without prejudice to the fact that spectrum requirements of specific policies may require exclusive frequency designations, it is generally appropriate to propose as generic allocations as possible for radio spectrum bands so as to steer their usage only by defining specific usage constraints such as duty cycle or power levels, and to ensure through harmonised standards recognised under the Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity(6)that equipment operating in the allocated radio spectrum minimises use of the radio spectrum in a way to avoid harmful interference.
(11) Coordination of channels in the high power part of the 169,4 – 169,8125 MHz band between neighbouring countries will be ensured by bi- or multilateral agreements.
(12) In order to ensure effective use of the 169,4 to 169,8125 MHz band also in the longer term administrations should continue with studies that may increase efficiency, in particular the utilisation of the identified guard band.
(13) The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee.
(a) ‘hearing aid’ means a radio communications system which usually includes one or more radio transmitters and one or more radio receivers allowing persons suffering from hearing disability to increase their listening capability;
(b) ‘social alarm’ means a reliable radio communications system and network including portable equipment which allows a person in distress in a limited area to initiate a call for assistance by a simple manipulation;
(c) ‘meter reading system’ means a system which allows remote status monitoring, measuring and service commands using radio communication devices;
(d) ‘tracing and asset tracking system’ means a system which allows the tracing and tracking of goods, leading to their recovery, consisting in general of an radio transmitter placed on the item to be protected and a receiver and may also include an alarm;
(e) ‘paging system’ means a system allowing one-way radio communications between the sender and the receiver using a base station with the mobile as a receiver;
(f) ‘private mobile radio communications (PMR)’ means a land mobile communications service using simplex, half duplex and possibly full duplex modes at the terminal level to provide closed user group communications.
(a) exclusive use for hearing aids;
(b) exclusive use for social alarms;
(c) non-exclusive use for meter reading systems;
(d) non-exclusive use for low power transmitters for tracking and asset tracing systems.
(a) high power transmitters for tracing and asset tracking systems;
(b) existing paging systems or paging systems relocating from other channels in the radio spectrum band.
(a) hearing aids, for the non-exclusive, low power part of the radio spectrum band;
(b) tracing, paging, temporary use or private mobile radio communications on a national basis in the high power part of the band.
Low power applications ‘Guardband’ High power applications
Specific low power applications Social alarms Hearing aids Social alarms Tracking and tracing system Paging Paging Paging Tracking and tracing system Tracking and tracing system Paging system Tracking and tracing system
Hearing aids Exclusive use These channels could be used on a national basis for high power applications such as paging, tracing, temporary use or PMR.
12,5 12,5 50 12,5 12,5(1)
1a 1b 2a 2b 3a 3b 4a 4b+5+6a 6b+7+8a 8b 9a 9b 10a 10b 11a 11b 12a 12b 13a 13b 14a 14b 15a 15b 16a 16b
Legend:1st row: category application, i.e. low power applications or high power applications;2nd row: preferred applications:—Specific low power applications: see Article 3(2)(c) and (d).—Social alarms: see Article 3(2)(b).—Hearing aids: see Article 3(2)(a).—Tracking and tracing system (high power part): see Article 3(3)(a)—Paging system: see Article 3(3)(b)3rd row: alternative applications: see Article 3(4);4th and 5th rows: channel raster (in kHz) and channel number. — Specific low power applications: see Article 3(2)(c) and (d). — Social alarms: see Article 3(2)(b). — Hearing aids: see Article 3(2)(a). — Tracking and tracing system (high power part): see Article 3(3)(a) — Paging system: see Article 3(3)(b)
— Specific low power applications: see Article 3(2)(c) and (d).
— Social alarms: see Article 3(2)(b).
— Hearing aids: see Article 3(2)(a).
— Tracking and tracing system (high power part): see Article 3(3)(a)
— Paging system: see Article 3(3)(b)
— Specific low power applications: see Article 3(2)(c) and (d).
— Social alarms: see Article 3(2)(b).
— Hearing aids: see Article 3(2)(a).
— Tracking and tracing system (high power part): see Article 3(3)(a)
— Paging system: see Article 3(3)(b)
12,5 kHz bandwidth 25 kHz bandwidth 50 kHz bandwidth
Channel number Centre frequency Channel number Centre frequency Channel number Centre frequency
1a 169,406250 1 169,412500
1b 169,418750 ‘0’ 169,437500
2a 169,431250 2 169,437500
2b 169,443750
3a 169,456250 3 169,462500
3b 169,468750
4a 169,481250 4 169,487500
4b 169,493750 ‘1’ 169,512500
5a 169,506250 5 169,512500
5b 169,518750
6a 169,531250 6 169,537500
6b 169,543750 ‘2’ 169,562500
7a 169,556250 7 169,562500
7b 169,568750
8a 169,581250 8 169,587500
8b 169,593750
12,5 kHz ‘guard band’
9a 169,618750 9 169,62500
9b 169,631250
10a 169,643750 10 169,65000
10b 169,656250
11a 169,668750 11 169,67500
11b 169,681250
12a 169,693750 12 169,70000
12b 169,706250
13a 169,718750 13 169,72500
13b 169,731250
14a 169,743750 14 169,75000
14b 169,756250
15a 169,768750 15 169,77500
15b 169,781250
16a 169,793750 16 169,80000
16b 169,806250
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision)(1), and in particular Article 4(3) thereof,
(1) Council Directive 90/544/EEC of 9 October 1990 on the frequency bands designated for the coordinated introduction of pan-European land-based public radio paging in the Community (the ERMES Directive)(2)was repealed on 27 December 2005 by Directive 2005/82/EC of the European Parliament and of the Council(3). That Directive required Member States to designate in the 169,4 to 169,8 MHz radio spectrum band four channels for the pan-European land-based public radio paging service (hereinafter referred to as ‘ERMES’) and to ensure that ERMES services occupy, as quickly as possible, the whole of the 169,4 to 169,8 MHz radio spectrum band according to commercial demand.
(2) The use of the 169,4 to 169,8 MHz radio spectrum band for ERMES in the Community has decreased dramatically or even ceased altogether, with the result that this radio spectrum band is not being efficiently utilised by ERMES and could therefore be better used to fulfil other Community policy needs.
(3) Pursuant to Article 4(2) of the Radio Spectrum Decision, the Commission issued on 7 July 2003 a mandate to the European Conference of Postal and Telecommunications Administrations (hereinafter referred as ‘CEPT’) to collect information on the current and future possible applications of the 169,4 to 169,8 MHz band, to identify a list of alternative options for the use of the radio spectrum band and in particular those which are not related only to traditional electronic communications. The CEPT was asked to evaluate, for each possible application, co-existence between various applications and the possibility of using alternative radio spectrum bands, in line with the principles of the Framework Directive. The radio spectrum band, which is already partially harmonised, is appropriate for certain applications related to the establishment and functioning of the internal market in a number of Community policy areas, among which some are likely to benefit disabled people or assist justice and home affairs collaboration in the European Union.
(4) Article 8(4) of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for the electronic communications networks and services (Framework Directive)(4)requires Member States to promote the interests of European Union citizens by inter alia addressing the needs of specific social groups, in particular hearing impaired persons and persons requiring urgent assistance.
(5) Based on technical investigations and on collection of information, the CEPT confirmed that despite the adoption of Directive 90/544/EEC, the use of this radio spectrum band for ERMES has remained very limited and that the need for radio messaging or paging systems has changed in Europe as the functions thereof have been replaced by other technologies such as short messaging systems (SMS) over GSM.
(6) The designation of parts of the 169,4 to 169,8 MHz radio spectrum band for ERMES should therefore be modified in the Community in order to ensure more efficient use of this radio spectrum band, while preserving its harmonised character.
(7) As mandated, the CEPT has produced a new frequency plan and channel arrangement allowing six types of preferred applications to share the radio spectrum band from 169,4 up to 169,8125 MHz, in order to meet several Community policy needs. These needs include assistance through the use of hearing aids to persons suffering from hearing disability, for whom a harmonised radio spectrum band in the Community would improve travelling conditions between Member States and reduce equipment prices through economies of scale; the development of the internal market for social alarms, which allow elderly or disabled people to send alarm messages for assistance, asset tracking or tracing devices, which would assist in tracking and recovering stolen goods across the Community, meter reading systems used by water and electricity utility companies; and existing paging systems such as ERMES as well as private mobile radio systems (PMR) when employed for temporary use, to assist in the coverage of special temporary events for a period of a few days up to a few months.
(8) The results of the mandate to the CEPT, which the Commission regards as satisfactory, should be made applicable in the Community and implemented by the Member States. The remaining ERMES and/or PMR authorisations which are not in conformity with the new frequency plan and channel arrangement should be allowed to remain unaffected until their expiry or until ERMES and/or PMR applications can be moved to the appropriate radio spectrum bands without excessive burden.
(9) When allowing access to radio spectrum the least onerous authorisation system should be used, in accordance with Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)(5), including absence of individual rights of use.
(10) Without prejudice to the fact that spectrum requirements of specific policies may require exclusive frequency designations, it is generally appropriate to propose as generic allocations as possible for radio spectrum bands so as to steer their usage only by defining specific usage constraints such as duty cycle or power levels, and to ensure through harmonised standards recognised under the Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity(6)that equipment operating in the allocated radio spectrum minimises use of the radio spectrum in a way to avoid harmful interference.
(11) Coordination of channels in the high power part of the 169,4 – 169,8125 MHz band between neighbouring countries will be ensured by bi- or multilateral agreements.
(12) In order to ensure effective use of the 169,4 to 169,8125 MHz band also in the longer term administrations should continue with studies that may increase efficiency, in particular the utilisation of the identified guard band.
(13) The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee.
HAS ADOPTED THIS DECISION:

Subject matter
Article 1
The subject matter of this Decision is the harmonisation of the conditions for the availability and efficient use of the 169,4 – 169,8125 MHz radio spectrum band in the Community.

Definitions
Article 2
For the purposes of this Decision,
(a)
‘hearing aid’ means a radio communications system which usually includes one or more radio transmitters and one or more radio receivers allowing persons suffering from hearing disability to increase their listening capability;
(b)
‘social alarm’ means a reliable radio communications system and network including portable equipment which allows a person in distress in a limited area to initiate a call for assistance by a simple manipulation;
(c)
‘meter reading system’ means a system which allows remote status monitoring, measuring and service commands using radio communication devices;
(d)
‘tracing and asset tracking system’ means a system which allows the tracing and tracking of goods, leading to their recovery, consisting in general of an radio transmitter placed on the item to be protected and a receiver and may also include an alarm;
(e)
‘paging system’ means a system allowing one-way radio communications between the sender and the receiver using a base station with the mobile as a receiver;
(f)
‘private mobile radio communications (PMR)’ means a land mobile communications service using simplex, half duplex and possibly full duplex modes at the terminal level to provide closed user group communications.

Harmonised applications
Article 3
1. The 169,4 – 169,8125 MHz band shall be divided into a low power part and a high power part. Its frequency plan and the channelling arrangements shall be laid down in the Annex to this Decision.
2. The low power part of the 169,4 – 169,8125 MHz radio spectrum band shall accommodate the following preferred applications:
(a)
exclusive use for hearing aids;
(b)
exclusive use for social alarms;
(c)
non-exclusive use for meter reading systems;
(d)
non-exclusive use for low power transmitters for tracking and asset tracing systems.
3. The high power part of the 169,4 – 169,8125 MHz band shall accommodate the following preferred applications:
(a)
high power transmitters for tracing and asset tracking systems;
(b)
existing paging systems or paging systems relocating from other channels in the radio spectrum band.
4. Alternative applications for the 169,4 – 169,8125 MHz radio spectrum band may be implemented provided that they do not constrain the harmonised implementation of the preferred applications. These alternative applications shall be:
(a)
hearing aids, for the non-exclusive, low power part of the radio spectrum band;
(b)
tracing, paging, temporary use or private mobile radio communications on a national basis in the high power part of the band.
5. The maximum radiated power in the low power part of the 169,4 – 169,8125 MHz radio spectrum band shall be limited to 0,5 Watt effective radiated power (e.r.p.). The maximum duty cycles for the meter reading systems and tracing and asset tracking system in the low power part of the 169,4 – 169,8125 MHz radio spectrum band shall be < 10 % and < 1 % respectively.
6. The use of the 169,4 – 169,8125 MHz radio spectrum band by paging systems and private mobile radio communications that is authorised at the date of notification of this Decision and which is not in conformity with Article 3 paragraphs 1 to 5, may continue for as long as the authorisations for such services, existing at the date of notification of this Decision, remain valid.

Implementation of Article 3
Article 4
Article 3 shall apply from 27 December 2005.

Review
Article 5
Member States shall keep the use of the 169,4 – 169,8125 MHz radio spectrum band under review to ensure the efficient use thereof and report their findings to the Commission.

Addressees
Article 6
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision)(1), and in particular Article 4(3) thereof,
(1) Council Directive 90/544/EEC of 9 October 1990 on the frequency bands designated for the coordinated introduction of pan-European land-based public radio paging in the Community (the ERMES Directive)(2)was repealed on 27 December 2005 by Directive 2005/82/EC of the European Parliament and of the Council(3). That Directive required Member States to designate in the 169,4 to 169,8 MHz radio spectrum band four channels for the pan-European land-based public radio paging service (hereinafter referred to as ‘ERMES’) and to ensure that ERMES services occupy, as quickly as possible, the whole of the 169,4 to 169,8 MHz radio spectrum band according to commercial demand.
(2) The use of the 169,4 to 169,8 MHz radio spectrum band for ERMES in the Community has decreased dramatically or even ceased altogether, with the result that this radio spectrum band is not being efficiently utilised by ERMES and could therefore be better used to fulfil other Community policy needs.
(3) Pursuant to Article 4(2) of the Radio Spectrum Decision, the Commission issued on 7 July 2003 a mandate to the European Conference of Postal and Telecommunications Administrations (hereinafter referred as ‘CEPT’) to collect information on the current and future possible applications of the 169,4 to 169,8 MHz band, to identify a list of alternative options for the use of the radio spectrum band and in particular those which are not related only to traditional electronic communications. The CEPT was asked to evaluate, for each possible application, co-existence between various applications and the possibility of using alternative radio spectrum bands, in line with the principles of the Framework Directive. The radio spectrum band, which is already partially harmonised, is appropriate for certain applications related to the establishment and functioning of the internal market in a number of Community policy areas, among which some are likely to benefit disabled people or assist justice and home affairs collaboration in the European Union.
(4) Article 8(4) of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for the electronic communications networks and services (Framework Directive)(4)requires Member States to promote the interests of European Union citizens by inter alia addressing the needs of specific social groups, in particular hearing impaired persons and persons requiring urgent assistance.
(5) Based on technical investigations and on collection of information, the CEPT confirmed that despite the adoption of Directive 90/544/EEC, the use of this radio spectrum band for ERMES has remained very limited and that the need for radio messaging or paging systems has changed in Europe as the functions thereof have been replaced by other technologies such as short messaging systems (SMS) over GSM.
(6) The designation of parts of the 169,4 to 169,8 MHz radio spectrum band for ERMES should therefore be modified in the Community in order to ensure more efficient use of this radio spectrum band, while preserving its harmonised character.
(7) As mandated, the CEPT has produced a new frequency plan and channel arrangement allowing six types of preferred applications to share the radio spectrum band from 169,4 up to 169,8125 MHz, in order to meet several Community policy needs. These needs include assistance through the use of hearing aids to persons suffering from hearing disability, for whom a harmonised radio spectrum band in the Community would improve travelling conditions between Member States and reduce equipment prices through economies of scale; the development of the internal market for social alarms, which allow elderly or disabled people to send alarm messages for assistance, asset tracking or tracing devices, which would assist in tracking and recovering stolen goods across the Community, meter reading systems used by water and electricity utility companies; and existing paging systems such as ERMES as well as private mobile radio systems (PMR) when employed for temporary use, to assist in the coverage of special temporary events for a period of a few days up to a few months.
(8) The results of the mandate to the CEPT, which the Commission regards as satisfactory, should be made applicable in the Community and implemented by the Member States. The remaining ERMES and/or PMR authorisations which are not in conformity with the new frequency plan and channel arrangement should be allowed to remain unaffected until their expiry or until ERMES and/or PMR applications can be moved to the appropriate radio spectrum bands without excessive burden.
(9) When allowing access to radio spectrum the least onerous authorisation system should be used, in accordance with Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)(5), including absence of individual rights of use.
(10) Without prejudice to the fact that spectrum requirements of specific policies may require exclusive frequency designations, it is generally appropriate to propose as generic allocations as possible for radio spectrum bands so as to steer their usage only by defining specific usage constraints such as duty cycle or power levels, and to ensure through harmonised standards recognised under the Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity(6)that equipment operating in the allocated radio spectrum minimises use of the radio spectrum in a way to avoid harmful interference.
(11) Coordination of channels in the high power part of the 169,4 – 169,8125 MHz band between neighbouring countries will be ensured by bi- or multilateral agreements.
(12) In order to ensure effective use of the 169,4 to 169,8125 MHz band also in the longer term administrations should continue with studies that may increase efficiency, in particular the utilisation of the identified guard band.
(13) The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee.
HAS ADOPTED THIS DECISION:

Subject matter

The subject matter of this Decision is the harmonisation of the conditions for the availability and efficient use of the 169,4 – 169,8125 MHz radio spectrum band in the Community.

Definitions

For the purposes of this Decision,
(a)
‘hearing aid’ means a radio communications system which usually includes one or more radio transmitters and one or more radio receivers allowing persons suffering from hearing disability to increase their listening capability;
(b)
‘social alarm’ means a reliable radio communications system and network including portable equipment which allows a person in distress in a limited area to initiate a call for assistance by a simple manipulation;
(c)
‘meter reading system’ means a system which allows remote status monitoring, measuring and service commands using radio communication devices;
(d)
‘tracing and asset tracking system’ means a system which allows the tracing and tracking of goods, leading to their recovery, consisting in general of an radio transmitter placed on the item to be protected and a receiver and may also include an alarm;
(e)
‘paging system’ means a system allowing one-way radio communications between the sender and the receiver using a base station with the mobile as a receiver;
(f)
‘private mobile radio communications (PMR)’ means a land mobile communications service using simplex, half duplex and possibly full duplex modes at the terminal level to provide closed user group communications.

Harmonised applications

1. The 169,4 – 169,8125 MHz band shall be divided into a low power part and a high power part. Its frequency plan and the channelling arrangements shall be laid down in the Annex to this Decision.
2. The low power part of the 169,4 – 169,8125 MHz radio spectrum band shall accommodate the following preferred applications:
(a)
exclusive use for hearing aids;
(b)
exclusive use for social alarms;
(c)
non-exclusive use for meter reading systems;
(d)
non-exclusive use for low power transmitters for tracking and asset tracing systems.
3. The high power part of the 169,4 – 169,8125 MHz band shall accommodate the following preferred applications:
(a)
high power transmitters for tracing and asset tracking systems;
(b)
existing paging systems or paging systems relocating from other channels in the radio spectrum band.
4. Alternative applications for the 169,4 – 169,8125 MHz radio spectrum band may be implemented provided that they do not constrain the harmonised implementation of the preferred applications. These alternative applications shall be:
(a)
hearing aids, for the non-exclusive, low power part of the radio spectrum band;
(b)
tracing, paging, temporary use or private mobile radio communications on a national basis in the high power part of the band.
5. The maximum radiated power in the low power part of the 169,4 – 169,8125 MHz radio spectrum band shall be limited to 0,5 Watt effective radiated power (e.r.p.). The maximum duty cycles for the meter reading systems and tracing and asset tracking system in the low power part of the 169,4 – 169,8125 MHz radio spectrum band shall be < 10 % and < 1 % respectively.
6. The use of the 169,4 – 169,8125 MHz radio spectrum band by paging systems and private mobile radio communications that is authorised at the date of notification of this Decision and which is not in conformity with Article 3 paragraphs 1 to 5, may continue for as long as the authorisations for such services, existing at the date of notification of this Decision, remain valid.

Implementation of Article 3

Article 3 shall apply from 27 December 2005.

Review

Member States shall keep the use of the 169,4 – 169,8125 MHz radio spectrum band under review to ensure the efficient use thereof and report their findings to the Commission.

Addressees

This Decision is addressed to the Member States.
ANNEXFrequency plan for the 169,4 – 169,8125 MHz radio spectrum band
Low power applications | ‘Guardband’ | High power applications
Specific low power applications | Social alarms | Hearing aids | Social alarms | Tracking and tracing system | Paging | Paging | Paging | Tracking and tracing system | Tracking and tracing system | Paging system | Tracking and tracing system
Hearing aids | Exclusive use | These channels could be used on a national basis for high power applications such as paging, tracing, temporary use or PMR.
12,5 | 12,5 | 50 | 12,5 | 12,5(1)
1a | 1b | 2a | 2b | 3a | 3b | 4a | 4b+5+6a | 6b+7+8a | 8b | 9a | 9b | 10a | 10b | 11a | 11b | 12a | 12b | 13a | 13b | 14a | 14b | 15a | 15b | 16a | 16b
Legend:1st row: category application, i.e. low power applications or high power applications;2nd row: preferred applications:—Specific low power applications: see Article 3(2)(c) and (d).—Social alarms: see Article 3(2)(b).—Hearing aids: see Article 3(2)(a).—Tracking and tracing system (high power part): see Article 3(3)(a)—Paging system: see Article 3(3)(b)3rd row: alternative applications: see Article 3(4);4th and 5th rows: channel raster (in kHz) and channel number. | — | Specific low power applications: see Article 3(2)(c) and (d). | — | Social alarms: see Article 3(2)(b). | — | Hearing aids: see Article 3(2)(a). | — | Tracking and tracing system (high power part): see Article 3(3)(a) | — | Paging system: see Article 3(3)(b)
— | Specific low power applications: see Article 3(2)(c) and (d).
— | Social alarms: see Article 3(2)(b).
— | Hearing aids: see Article 3(2)(a).
— | Tracking and tracing system (high power part): see Article 3(3)(a)
— | Paging system: see Article 3(3)(b)
Channelling arrangement for the 169,4 – 169,8125 MHz band
12,5 kHz bandwidth | 25 kHz bandwidth | 50 kHz bandwidth
Channel number | Centre frequency | Channel number | Centre frequency | Channel number | Centre frequency
1a | 169,406250 | 1 | 169,412500 | |
1b | 169,418750 | ‘0’ | 169,437500
2a | 169,431250 | 2 | 169,437500
2b | 169,443750
3a | 169,456250 | 3 | 169,462500
3b | 169,468750 | |
4a | 169,481250 | 4 | 169,487500
4b | 169,493750 | ‘1’ | 169,512500
5a | 169,506250 | 5 | 169,512500
5b | 169,518750
6a | 169,531250 | 6 | 169,537500
6b | 169,543750 | ‘2’ | 169,562500
7a | 169,556250 | 7 | 169,562500
7b | 169,568750
8a | 169,581250 | 8 | 169,587500
8b | 169,593750 | |
12,5 kHz ‘guard band’
9a | 169,618750 | 9 | 169,62500
9b | 169,631250
10a | 169,643750 | 10 | 169,65000
10b | 169,656250
11a | 169,668750 | 11 | 169,67500
11b | 169,681250
12a | 169,693750 | 12 | 169,70000
12b | 169,706250
13a | 169,718750 | 13 | 169,72500
13b | 169,731250
14a | 169,743750 | 14 | 169,75000
14b | 169,756250
15a | 169,768750 | 15 | 169,77500
15b | 169,781250
16a | 169,793750 | 16 | 169,80000
16b | 169,806250
(1) Due to the possibility of using any high power channel for the temporary use application. However, to facilitate border coordination, systems using 25 kHz channels must respect the channel raster starting from the lower edge of the channel 9.

Pending: 32005D0924

January 16, 2026
22.12.2005 EN Official Journal of the European Union L 337/50
(1) Regulation (EC) No 980/2005 provides for the granting of a special incentive arrangement to developing countries which satisfy certain requirements for sustainable development and good governance.
(2) Each developing country wishing to avail itself of the special incentive arrangement has submitted its request in writing by 31 October 2005, accompanied by the comprehensive information concerning ratification of the relevant conventions, the legislation and measures to implement effectively the provisions of the conventions and its commitment to accept and comply fully with the monitoring and review mechanism envisaged in the relevant conventions and related instruments.
(3) The Commission has examined these requests, in accordance with the provisions of Article 11 of Regulation (EC) No 980/2005, and has established the final list of beneficiary countries which fulfil the relevant criteria. Accordingly, the special incentive arrangement should be granted to those countries from 1 January 2006 to 31 December 2008.
(4) The measures provided for in this Decision are in accordance with the opinion of the Generalised Preferences Committee,
(BO) Bolivia
(CO) Colombia
(CR) Costa Rica
(EC) Ecuador
(GE) Georgia
(GT) Guatemala
(HN) Honduras
(LK) Sri Lanka
(MD) Republic of Moldova
(MN) Mongolia
(NI) Nicaragua
(PA) Panama
(PE) Peru
(SV) El Salvador
(VE) Venezuela
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 980/2005 of 27 June 2005 applying a scheme of generalised tariff preferences(1), and in particular Articles 11 and 26 thereof,
(1) Regulation (EC) No 980/2005 provides for the granting of a special incentive arrangement to developing countries which satisfy certain requirements for sustainable development and good governance.
(2) Each developing country wishing to avail itself of the special incentive arrangement has submitted its request in writing by 31 October 2005, accompanied by the comprehensive information concerning ratification of the relevant conventions, the legislation and measures to implement effectively the provisions of the conventions and its commitment to accept and comply fully with the monitoring and review mechanism envisaged in the relevant conventions and related instruments.
(3) The Commission has examined these requests, in accordance with the provisions of Article 11 of Regulation (EC) No 980/2005, and has established the final list of beneficiary countries which fulfil the relevant criteria. Accordingly, the special incentive arrangement should be granted to those countries from 1 January 2006 to 31 December 2008.
(4) The measures provided for in this Decision are in accordance with the opinion of the Generalised Preferences Committee,
HAS DECIDED AS FOLLOWS:

Sole Article
The following developing countries shall benefit from the special incentive arrangement for sustainable development and good governance provided for in Regulation (EC) No 980/2005 from 1 January 2006 to 31 December 2008:
(BO)
Bolivia
(CO)
Colombia
(CR)
Costa Rica
(EC)
Ecuador
(GE)
Georgia
(GT)
Guatemala
(HN)
Honduras
(LK)
Sri Lanka
(MD)
Republic of Moldova
(MN)
Mongolia
(NI)
Nicaragua
(PA)
Panama
(PE)
Peru
(SV)
El Salvador
(VE)
Venezuela

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 980/2005 of 27 June 2005 applying a scheme of generalised tariff preferences(1), and in particular Articles 11 and 26 thereof,
(1) Regulation (EC) No 980/2005 provides for the granting of a special incentive arrangement to developing countries which satisfy certain requirements for sustainable development and good governance.
(2) Each developing country wishing to avail itself of the special incentive arrangement has submitted its request in writing by 31 October 2005, accompanied by the comprehensive information concerning ratification of the relevant conventions, the legislation and measures to implement effectively the provisions of the conventions and its commitment to accept and comply fully with the monitoring and review mechanism envisaged in the relevant conventions and related instruments.
(3) The Commission has examined these requests, in accordance with the provisions of Article 11 of Regulation (EC) No 980/2005, and has established the final list of beneficiary countries which fulfil the relevant criteria. Accordingly, the special incentive arrangement should be granted to those countries from 1 January 2006 to 31 December 2008.
(4) The measures provided for in this Decision are in accordance with the opinion of the Generalised Preferences Committee,
HAS DECIDED AS FOLLOWS:
The following developing countries shall benefit from the special incentive arrangement for sustainable development and good governance provided for in Regulation (EC) No 980/2005 from 1 January 2006 to 31 December 2008:
(BO)
Bolivia
(CO)
Colombia
(CR)
Costa Rica
(EC)
Ecuador
(GE)
Georgia
(GT)
Guatemala
(HN)
Honduras
(LK)
Sri Lanka
(MD)
Republic of Moldova
(MN)
Mongolia
(NI)
Nicaragua
(PA)
Panama
(PE)
Peru
(SV)
El Salvador
(VE)
Venezuela