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7.12.2012 Official
Journal
of
the
European
Union L
335/49
DECISIONS
COMMISSION IMPLEMENTING DECISION
of 5 December 2012
as regards measures to prevent the introduction into and the spread within the Union of
Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto
(notified under document C(2012) 8816)
(2012/756/EU)
THE EUROPEAN COMMISSION,
provided for concerning the movement within the Union
of these plants originating in the Union.
Having regard to the Treaty on the Functioning of the European
Union,
(5)
Surveys for the presence of the specified organism should
be carried out in all Member States and the results
notified.
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
(6) Member
States
should,
if
necessary,
adapt
their
legislation
and against their spread within the Community ( 1 ), and in
in order to comply with this Decision.
particular the third sentence of Article 16(3) thereof,
(7) This
Decision
should
apply
until
31
March
2016
to
Whereas:
allow time to monitor the evaluation of the situation.
(1) Italy
has
informed
the
Commission
that
a
new
aggressive (8) The
measures
provided
for
in
this
Decision
are
in
strain of Pseudomonas syringae pv. actinidiae Takikawa,
accordance with the opinion of the Standing
Serizawa, Ichikawa, Tsuyumu & Goto, hereinafter ‘the
Committee on Plant Health,
specified organism’, the causal agent of kiwi canker, is
present in its territory and that it has adopted official
measures to prevent the further introduction and
HAS ADOPTED THIS DECISION:
spread within its territory of the specified organism.
The available information also shows that the new
aggressive strain of the specified organism is present in
Article 1
a third country that exports the propagating material of
Emergency measures against Pseudomonas syringae pv.
kiwi plants, including pollen, to the Union.
actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto
Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa,
(2) The
specified
organism
is
neither
listed
in
Annex
I
nor
in Tsuyumu & Goto, hereinafter ‘the specified organism’, shall not
Annex II to Directive 2000/29/EC. It appears from a
be introduced into or spread within the Union.
preliminary pest risk analysis carried out by the
Commission on the basis of an assessment prepared by
the European and Mediterranean Plant Protection Organ
Article 2
ization (EPPO) that the specified organism causes harmful
Introduction of live pollen and plants intended for
effects to plants of Actinidia Lindl.
planting, other than seeds, of Actinidia Lindl. into the
Union
(3)
Due to the complexity of the taxonomic identification of
Live pollen and plants intended for planting, other than seeds,
the new aggressive strain of the specified organism, it is
of Actinidia Lindl., hereinafter ‘the specified plants’, originating
appropriate to provide for measures applying to the
in third countries may only be introduced into the Union if
specified organism as such, without restricting measures
they comply with the specific requirements for introduction, as
to the strain concerned.
set out in Annex I.
(4) Measures
should
be
provided
for
concerning
the
intro
Article 3
duction into the Union of plants for planting of Actinidia
Lindl. from third countries. Measures should also be
Movement of the specified plants within the Union
The specified plants may only be moved within the Union if
( 1 ) OJ L 169, 10.7.2000, p. 1.
they meet the specific requirements, as set out in Annex II.

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L 335/50
EN
Official Journal of the European Union
7.12.2012
Article 4
Article 5
Surveys and notifications of the specified organism
Compliance
1. Member
States
shall
conduct
official
annual
surveys
for Member States shall immediately inform the Commission of the
the presence of the specified organism on the specified plants.
measures they have taken to comply with this Decision.
Article 6
Member States shall notify the results of those surveys to the
Application
Commission and to the other Member States by 31 January of
the year following the year of the survey.
This Decision shall apply until 31 March 2016.
Article 7
2. Each
Member
State
shall
immediately
notify
in
writing
the
Addressees
Commission and the other Member States of the presence of
This Decision is addressed to the Member States.
the specified organism in a part of its territory where that
presence was previously unknown.
Done at Brussels, 5 December 2012.
3. If the specified organism is found or suspected to be
For the Commission
present in an area where its presence was previously
unknown, the responsible official bodies shall immediately be
Tonio BORG
notified.
Member of the Commission

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EN
7.12.2012 Official
Journal
of
the
European
Union L
335/51
ANNEX I
SPECIFIC REQUIREMENTS FOR INTRODUCTION INTO THE UNION, AS REFERRED TO IN ARTICLE 2
Section I
Phytosanitary certificate
(1) Specified plants originating in third countries shall be accompanied by a phytosanitary certificate, as referred to in the
first subparagraph of Article 13(1)(ii) of Directive 2000/29/EC (hereinafter ‘the certificate’), which includes under the
heading ‘Additional declaration’ the information set out in points (2) and (3).
(2) The certificate shall include the information that one of the following points is fulfilled:
(a) The specified plants have been grown throughout their life in a country where the specified organism is known
not to occur.
(b) The specified plants have been grown throughout their life in a pest free area, established as regards the specified
organism by the National Plant Protection Organisation (hereinafter ‘the NPPO’) of the country of origin in
accordance with the FAO International Standard for Phytosanitary Measures (hereinafter ‘ISPM’) No 4 ( 1 ).
(c) The specified plants have been produced in a pest free place or a pest free site of production, established as
regards the specified organism by the NPPO in accordance with the FAO ISPM No 10 ( 2 ). The specified plants
have been grown in a structure with a degree of isolation and protection from the outside environment that
effectively excludes the specified organism. At that place the specified plants have been officially inspected twice at
the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior
to the export and found free from the specified organism.
That place of production is surrounded by a zone with a radius of at least 500 m, where official inspections were
carried out twice at the most appropriate times for detecting symptoms of infection during the last complete cycle
of vegetation prior to the export and any plants showing symptoms of infection which were found during those
inspections and all adjacent specified plants within the distance of 5 m were immediately destroyed.
(d) The specified plants have been produced in a pest free place of production established as regards the specified
organism by the NPPO in accordance with the FAO ISPM No 10 ( 2 ).
That place of production is surrounded by a zone with a radius of 4 500 m. Official inspections, sampling and
testing have been carried out at that place of production and throughout that zone twice at the most appropriate
times for detecting symptoms of infection during the last complete cycle of vegetation prior to the export. The
specified organism has not been found during the official inspections, sampling and testing.
(3) Where the information set out in point (2)(c) or (2)(d) is given, the certificate shall, in addition, include the
information that one of the following points is satisfied:
(a) The specified plants have been directly derived from mother plants grown under conditions compliant with point
(2)(a) or (2)(b) or 2(c).
(b) The specified plants have been directly derived from mother plants, which were subject to prior individual testing
confirming their freedom from the specified organism.
(c) The specified plants have been tested according to a sampling scheme able to confirm with 99 % reliability that
the level of presence of the specified organism in the specified plants is below 0,1 %.
(4) Where the information set out in point (2)(b) is given, the name of the pest free area shall be included under the
heading ‘Place of Origin’ of the certificate.
( 1 ) Requirements for the establishment of the pest free areas. ISPM No 4 (1995), FAO 2011.
( 2 ) Requirements for the establishment of pest free places of production and pest free production sites. ISPM No 10 (1999), FAO 2011.

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L 335/52
EN
Official Journal of the European Union
7.12.2012
Section II
Inspection
Specified plants introduced into the Union accompanied by a phytosanitary certificate complying with Section I shall be
rigorously inspected and, where appropriate, tested for the presence of the specified organism at the point of entry or at
the place of destination established in accordance with Commission Directive 2004/103/EC ( 1 ).
In case the specified plants are introduced into the Union through a Member State other than the Member State of the
destination of those plants, the responsible official body of the Member State of entry shall notify the responsible official
body of the Member State of destination.
( 1 ) OJ L 313, 12.10.2004, p. 16.

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EN
7.12.2012 Official
Journal
of
the
European
Union L
335/53
ANNEX II
REQUIREMENTS FOR MOVEMENT WITHIN THE UNION, AS REFERRED TO IN ARTICLE 3
(1) Specified plants originating in the Union may be moved within the Union only if they are accompanied by a plant
passport prepared and issued in accordance with Commission Directive 92/105/EEC ( 1 ) and if they meet the
requirements set out in point (2).
(2) The specified plants shall satisfy one of the following points:
(a) The specified plants have been grown throughout their life in a Member State where the specified organism is not
known to occur.
(b) The specified plants have been grown throughout their life in a protected zone recognised as regards the specified
organism in accordance with Article 2(1)(h) of Directive 2000/29/EC.
(c) The specified plants have been grown throughout their life in a pest free area, established as regards the specified
organism by the responsible official body of a Member State in accordance with the FAO ISPM No 4 ( 2 ).
(d) The specified plants have been produced in a pest free place or a pest free site of production, established as
regards the specified organism by the responsible official body of the Member State of origin in accordance with
the FAO ISPM No 10 ( 3 ). The specified plants have been grown in a structure with a degree of isolation and
protection from the outside environment that effectively excludes the specified organism. At that place the
specified plants have been officially inspected twice at the most appropriate times for detecting symptoms of
infection during the last complete cycle of vegetation prior to the movement and found free from the specified
organism.
That place is surrounded by a zone with a radius of at least 500 m, where official inspections were carried out
twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of
vegetation prior to the movement and any plants showing symptoms of infection which were found during
those inspections and all adjacent specified plants within the distance of 5 m were immediately destroyed.
(e) The specified plants have been produced in a pest free place of production, established as regards the specified
organism by the responsible official body of the Member State of origin in accordance with the FAO ISPM
No 10 ( 3 ).
That place of production is surrounded by a zone with a radius of 500 m, hereinafter the ‘surrounding zone’.
Official inspections, sampling and testing have been carried out at that place of production and throughout the
surrounding zone twice at the most appropriate times for detecting symptoms of infection during the last
complete cycle of vegetation prior to the movement. The specified organism has not been found during the
official inspections, sampling and testing.
The surrounding zone is surrounded by a zone with a width of 4 km, where following official inspections,
sampling and testing that have been carried out throughout that zone twice at the most appropriate times for
detecting symptoms of infection during the last complete cycle of vegetation prior to the movement, eradication
measures were taken in all cases when the specified organism has been identified on the specified plants. These
measures consisted of the immediate destruction of the infected specified plants and all adjacent specified plants
within the distance of 5 m.
( 1 ) OJ L 4, 8.1.1993, p. 22.
( 2 ) Requirements for the establishment of the pest free areas. ISPM No 4 (1995), FAO 2011.
( 3 ) Requirements for the establishment of pest free places of production and pest free production sites. ISPM No 10 (1999), FAO 2011.

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L 335/54
EN
Official Journal of the European Union
7.12.2012
(3) Where the requirements set out in point (2)(d) or (2)(e) are met, the specified plants shall, in addition, satisfy one of
the following requirements:
(a) The specified plants have been directly derived from mother plants grown under conditions compliant with point
(2)(a) or (2)(b) or (2)(c) or 2(d).
(b) The specified plants have been directly derived from mother plants, which were subject to prior individual testing
confirming their freedom from the specified organism.
(c) The specified plants have been tested according to a sampling scheme able to confirm with 99 % reliability that
the level of presence of the specified organism in the specified plants is below 0,1 %.
(4) The specified plants introduced into the Union in accordance with Annex I from third countries may be moved
within the Union only if they are accompanied by the plant passport referred to in point (1).

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Document Outline

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