HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 266/42
EN
Official Journal of the European Union
2.10.2012
COMMISSION IMPLEMENTING DECISION
of 26 September 2012
on emergency measures to prevent the spread within the Union of Bursaphelenchus xylophilus
(Steiner et Buhrer) Nickle et al. (the pine wood nematode)
(notified under document C(2012) 6543)
(2012/535/EU)
THE EUROPEAN COMMISSION,
the affected zone includes areas protected in accordance
with Council Directive 92/43/EEC of 21 May 1992 on
the conservation of natural habitats and of wild fauna
Having regard to the Treaty on the Functioning of the European
and flora ( 3 ) and Directive 2009/147/EC of the European
Union,
Parliament and of the Council of 30 November 2009 on
the conservation of wild birds
( 4 ), alternative risk
management options should be available involving a
Having regard to Council Directive 2000/29/EC of 8 May 2000
reduced amount of felling of susceptible plants. In that
on protective measures against the introduction into the
case, alternative safeguards should be provided to ensure
Community of organisms harmful to plants or plant products
an equivalent level of mitigation of the risk of spread of
and against their spread within the Community ( 1 ), and in
PWN.
particular Article 16(3) fourth sentence thereof,
(5) The
main
objective
of
measures
concerning
PWN
should
Whereas:
be eradication, with containment being allowed only in
areas where eradication is not a feasible goal. In order to
ensure that eradication is achieved where possible,
(1) Commission
Decision
2006/133/EC
( 2 ) requires Member
Member States should implement eradication measures
States temporarily to take additional measures against the
for as a minimum of four years. However, where eradi
dissemination of pine wood nematode (PWN) as regards
cation is impossible, Member States should, in certain
areas in Portugal, other than those in which it is known
cases, be allowed to apply containment measures even
not to occur. PWN outbreaks in Spain and repeated
before the expiry of the four-year period.
interceptions by other Member States of PWN-infested
pine wood, wood packaging material and bark from
Portugal show that the risk has increased that PWN
(6) Member
States
should
communicate
the
eradication
and
might spread out of areas in Portugal, in which PWN
containment measures that they have taken or have
is known to occur. The economic, social and environ
decided to take to the Commission and the other
mental impact of PWN spread across the Union would
Member States.
be unacceptably large. It is therefore appropriate to
extend the scope of the measures concerning PWN to
all Member States.
(7) The
operators
concerned
and
the
public
should
be
informed about eradication and containment measures
taken.
(2) With
a
view
to
prevent
PWN
introduction
and
spread,
Member States should carry out annual surveys for the
presence of PWN in areas where it is not known to occur
(8) Movements
of
susceptible
plants
and
susceptible
wood
and adopt contingency plans to be prepared for findings
and bark within demarcated areas and out of those
of the presence of PWN.
areas should be subject to certain restrictions. Member
States should carry out checks on whether those prohib
itions and restrictions are complied with and, where
(3) In
case
PWN
is
found
to
be
present
in
an
area
where
it
relevant, impose corrective measures.
was not known to occur, Member States should
demarcate the areas where eradication measures are to
be applied. Those measures should include precautionary
(9) Where
the
restrictions
concerning
movement
of
felling of susceptible plants in the infested zone and in a
susceptible wood and bark include requirements for
zone with a radius of 500 m around the plants infested
treatment of such wood and bark, Member States
with PWN, together with intensified surveillance for the
should authorise and supervise facilities which are
presence of PWN throughout the demarcated area.
adequately equipped to carry out such treatment and to
issue plant passports or to mark treated susceptible wood
or bark. Rules should be set out for the authorisation and
(4)
Where a Member State concludes that the felling of
supervision of such facilities. Rules should also be set out
susceptible plants up to 500 m from the plants infested
for the authorisation and supervision of wood packaging
with PWN would be disproportionate, for example when
material producers that apply such marking.
( 1 ) OJ L 169, 10.7.2000, p. 1.
( 3 ) OJ L 206, 22.7.1992, p. 7.
( 2 ) OJ L 52, 23.2.2006, p. 34.
( 4 ) OJ L 20, 26.1.2010, p. 7.

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EN
2.10.2012 Official
Journal
of
the
European
Union L
266/43
(10) Member
States
and operators
should have
access
to
wood nematode), hereinafter ‘PWN’, on susceptible plants,
information concerning those authorised facilities. The
susceptible wood and bark and on the vector, and determine
Commission should therefore set up and maintain a list
whether there is any evidence of the presence of PWN in their
of authorised treatment facilities and authorised wood
territory in areas in which PWN was previously not known to
packaging material producers.
occur.
(11) Decision
2006/133/EC
should
therefore
be
repealed.
Those surveys shall consist of the collection and laboratory
testing of samples of susceptible plants, susceptible wood and
(12) This
Decision
should
be
reviewed
after
three
years
to
take
bark and vectors. The number of samples shall be determined in
account of the technical and scientific developments.
accordance with sound scientific and technical principles.
(13) The
measures provided for in this Decision are in
2. Member
States
shall
communicate
to
the
Commission
a
accordance with the opinion of the Standing
description of the surveys referred to in paragraph 1 setting out
Committee on Plant Health,
the number of survey sites, the areas to be surveyed and the
number of samples to be subjected to laboratory testing each
year. That description shall indicate the scientific and technical
HAS ADOPTED THIS DECISION:
principles on which those surveys are based.
Article 1
That description shall be communicated to the Commission by
Definitions
1 March of the year in which the surveys are to be conducted.
For the purposes of this Decision, the following definitions shall
apply:
3. Each
Member
State
shall
communicate
the
results
of
the
surveys referred to in paragraph 1 to the Commission and to
the other Member States by 1 March of the year following the
(a) ‘susceptible plants’ means plants (other than fruit and seeds)
year in which the surveys were conducted.
of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus
L., Pseudotsuga Carr. and Tsuga Carr.;
Article 3
(b) ‘susceptible wood’ means wood of conifers (Coniferales), with
Laboratory testing
the exception of sawn wood and logs of Taxus L. and Thuja
L.;
Laboratory testing for the presence of PWN in susceptible
plants, susceptible wood and bark and vectors shall be carried
out according to the diagnostic protocol for Bursaphelenchus
(c) ‘susceptible bark’ means bark of conifers (Coniferales);
xylophilus provided in EPPO Standard PM7/4(2)
( 1 ). The
methods in that standard may be supplemented or replaced
(d) ‘place of production’ means any premises operated as a
with scientifically validated molecular diagnostic methods
single production unit. This may include production sites
shown to have at least a sensitivity and reliability equal to
which are separately managed for phytosanitary purposes;
those in the EPPO standard.
(e) ‘vector’ means beetles belonging to the genus Monochamus
Article 4
Megerle in Dejean, 1821;
Contingency plans
(f) ‘flight season of the vector’ means the period from 1 April
1. By
31
December
2013
each
Member
State
shall
establish
to 31 October, except where there is technical-scientific
a plan setting out the actions to be taken in its territory in
justification for a different duration of the flight season of
accordance with Articles 5 to 16, in case of a confirmed
the vector, taking into account a safety margin of four
presence or a suspicion of the presence of PWN, hereinafter
additional weeks at the beginning and at the end of the
‘the contingency plan’.
expected flight season;
2. The
contingency
plan
shall
set
out
the
following:
(g) ‘wood packaging material’ means wood or wood products
used in supporting, protecting or carrying a commodity, in
(a) the roles and responsibilities of the bodies involved and the
the form of packing cases, boxes, crates, drums and similar
single authority in those actions;
packings, pallets, box pallets and other load boards, pallet
collars and dunnage, whether or not actually in use in the
transport of objects. Processed wood produced by glue, heat
(b) rules on the communication of those actions between the
or pressure or a combination thereof and packaging
bodies involved, the Single Authority, the concerned private
material entirely composed of wood of 6 mm of thickness
sector and the public;
or less are excluded.
(c) rules on laboratory testing; and
Article 2
(d) rules on training of personnel of the bodies involved in
Surveys in areas in which PWN is not known to occur
those actions.
1. Member
States
shall
annually
conduct
surveys
for Bursa
phelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine
( 1 ) EPPO Bulletin 39(3):344-353.

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L 266/44
EN
Official Journal of the European Union
2.10.2012
3. Member
States
shall
provide
for
the
evaluation
and
review That communication shall include a description of the
of their contingency plans.
demarcated areas, their location and the names of the adminis
trative entities concerned by the demarcation, accompanied by a
4. Member
States
shall
communicate
their
contingency
plans map indicating the location of each demarcated area, infested
to the Commission at its request.
zone and buffer zone.
Article 5
Member States shall communicate amendments to the
demarcated areas in their territory to the Commission and the
Demarcated areas
other Member States within one month of that amendment.
1. Where the results of an annual survey, as provided for in
Article 2(1), show the presence of PWN in a susceptible plant in
a part of the territory of a Member State in which it was
6. Where the annual surveys of the susceptible plants and
previously not known to occur, or where there is evidence of
the vector, as set out in point 6 of Annex I, show that no PWN
such a presence by other means, that Member State shall
has been found to be present in the demarcated area concerned
without delay demarcate an area in accordance with
for the preceding four years, the Member State concerned may
paragraph 2, hereinafter ‘the demarcated area’.
decide that that area is no longer demarcated. A Member State
in the situation referred to in point 5 of Annex I may decide
that the area is no longer demarcated in case the absence of
Where the presence of PWN is found in the vector or in a
PWN is confirmed by the sampling and testing referred to in
consignment of susceptible wood, susceptible bark or in
point 7 of that Annex.
wood packaging material, the Member State concerned shall
conduct an investigation in the proximity of where the vector
was caught or where the susceptible wood, the susceptible bark
It shall inform the Commission and the other Member States
or the wood packaging material were at the time of the finding.
about that decision within one month.
Where the results of that investigation show the presence of
PWN in a susceptible plant, subparagraph 1 shall also apply.
7. The Commission shall establish a list of the demarcated
2. The
demarcated
area
shall
consist
of
a
zone
in
which areas and communicate that list to the Member States.
PWN was found to be present, hereinafter ‘the infested zone’,
and of a zone surrounding the infested zone, hereinafter ‘the
buffer zone’. The buffer zone shall be of a width of at least
That list shall be updated according to the communications
20 km.
received by the Commission pursuant to paragraphs 5 and 6.
Where eradication measures in accordance with Article 6 are
Article 6
applied, the Member State concerned may decide to reduce the
width of the buffer zone to no less than 6 km provided that
Eradication
that reduction does not jeopardise eradication.
1. Member
States
shall
take
measures,
as
set
out
in
Annex
I,
to eradicate PWN present in demarcated areas in their territory.
3. Where PWN is found to be present in a buffer zone, a
new demarcated area shall, without delay, be established in
accordance with paragraph 1 to take into account that finding.
PWN shall be considered as eradicated where the annual surveys
of the susceptible plants and the vector, as set out in point 6 of
Annex I, show that in the demarcated area concerned no PWN
The existing demarcated area may, instead, be amended to take
has been found for the preceding four years, or in case the
into account that finding where that area is subject to eradi
absence of PWN is confirmed by the sampling and testing
cation measures in accordance with Article 6.
referred to in the third subparagraph of point 7 of Annex I.
Any evidence of presence of PWN in a buffer zone shall be
notified immediately to the Commission and the other Member
2. Member States shall ensure that the measures referred to
States.
in paragraph 1 are carried out by technically qualified personnel
of the responsible official bodies or by any other technically
qualified persons acting under the supervision of the responsible
4. Where
PWN
is
found
to
be
present
in
the
territory
of
a official bodies.
Member State and the demarcated area would extend into the
territory of one or more other Member States, the other
Member State or Member States shall, in accordance with
Article 7
paragraph 1, establish a demarcated area or demarcated areas
which complete the buffer zone by a buffer zone or buffer
Containment
zones whose width correspond to the width of the buffer
1. Where the annual surveys of the susceptible plants and
zone in the Member State of the finding.
the vector, as set out in point 6 of Annex I, show the presence
of PWN in a demarcated area during a period of at least four
5. Member
States
shall
communicate
the
demarcated
areas
in consecutive years and the experience gathered shows that, in the
their territory to the Commission and the other Member States
situation concerned, it is impossible to eradicate PWN, the
within one month from the date on which PWN was found to
Member State concerned may instead decide to contain PWN
be present in the area concerned.
within that area.

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EN
2.10.2012 Official
Journal
of
the
European
Union L
266/45
The Member State concerned may, however, before the end of
Where a Member State takes measures for the containment of
that period, decide to contain PWN, instead of eradicating it, in
PWN in accordance with Article 7, the communication of the
cases where the diameter of the infested zone exceeds 20 km,
measures referred to in paragraph 1 shall include the measures
there is evidence of the presence of PWN throughout the
concerning the felling, sampling, testing, removal and disposal
infested zone and the experience gathered shows that, in the
of susceptible plants and the design and organisation of the
situation concerned, it is impossible to eradicate PWN in that
surveys including the number of inspections, samples to be
area.
taken and laboratory tests to be carried out, as set out in
points 2 and 3 of Annex II.
Containment measures shall be taken, as set out in Annex II.
That communication of the measures shall also include a
description of the measures for the information of the
2. Where a Member State decides in accordance with
operators concerned and the public pursuant to Article 8 and
paragraph 1 to apply containment measures instead of eradi
of the checks to be carried out pursuant to Article 11(1).
cation measures, it shall inform the Commission of that
decision setting out its reasons.
3. Member
States
shall
communicate
to
the
Commission
and
the other Member States by 1 March of each year a report of
Where the second subparagraph of paragraph 1 applies, the
the results of the measures taken pursuant to Articles 6 and 7
Commission shall carry out investigations in that Member
in the preceding year.
State to verify whether the conditions provided for in that
subparagraph are fulfilled.
That report shall include the numbers and locations of findings
of the presence of PWN, including maps, the number of plants
3. Demarcated
areas
subject
to
containment
measures
in in poor health and dead plants that were identified, felled,
accordance with paragraph 1 shall be marked as such in the
sampled and tested, and the outcome of those tests.
list referred to in Article 5(7). Member States may only apply
containment measures in demarcated areas that have been
4. Member
States
shall,
by
1
March
of
each
year
following
marked in that list as subject to containment of PWN.
the notification referred to in paragraph 1, communicate to the
Commission and the other Member States the measures that
4. Member
States
shall
ensure
that
the
measures
referred
to they have decided to take in that year for the eradication of
in paragraph 1 are carried out by technically qualified personnel
PWN in accordance with Article 6.
of the responsible official bodies or by any other technically
qualified persons acting under the supervision of the responsible
5. Where
a
Member
State
decides
to
contain
PWN
in
a
official bodies.
demarcated area in accordance with Article 7(1), it shall
immediately communicate to the Commission and the other
Article 8
Member States an accordingly revised version of the communi
cation of the measures referred to in paragraph 1.
Information of the operators and the public
Where eradication measures in accordance with Article 6 or
That communication of the measures may cover a period of up
containment measures in accordance with Article 7 are
to five years in the case of a demarcated area subject to
applied, the Member States concerned shall provide for
containment measures in accordance with Article 7. Where
measures for the information of the operators concerned and
the communication covers more than one year, the Member
of the public.
States concerned shall communicate to the Commission and
the other Member States a revised version of that communi
cation of the measures by 31 October of the year of its
Article 9
expiration.
Communication on national measures
1. Member
States
shall,
within
one
month
of
the
notification When significant changes to the containment measures are
provided for in the first subparagraph of Article 16(1) of
decided, that communication of the measures shall be revised
Directive 2000/29/EC of the appearance of PWN in a part of
and communicated to the Commission and the other Member
its territory in which its presence was previously unknown,
States without delay.
communicate to the Commission and the other Member
States the measures that they have taken and those that they
Article 10
have decided to take for the eradication of PWN in accordance
with Article 6.
Movement of susceptible plants and susceptible wood and
bark within the Union
2. Where
a
Member
State
takes
measures
for
the
eradication 1. Susceptible
plants
and
susceptible
wood
and
bark
shall
of PWN in accordance with Article 6, the communication of the
only be moved from demarcated areas into areas other than
measures referred to in paragraph 1 shall include the measures
demarcated areas and from infested zones into buffer zones if
concerning the felling, sampling, testing, removal and disposal
the conditions, as set out in Section 1 of Annex III, are fulfilled.
of susceptible plants, as set out in points 2, 3, 4, 5, 7, 8 and 9
of Annex I, and the design and organisation of the surveys
2. Susceptible
plants
and
susceptible
wood
and
bark
shall
including the number of inspections, samples to be taken and
only be moved within infested zones subject to eradication
laboratory tests to be carried out, as set out in point 6 of
measures if the conditions, as set out in Section 2 of Annex
Annex I.
III, are fulfilled.

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L 266/46
EN
Official Journal of the European Union
2.10.2012
3. Member
States
may
restrict
the
movement
of
susceptible Where those checks show that PWN is present in susceptible
plants and susceptible wood and bark within infested zones
plants or susceptible wood or bark, the Member State shall
subject to containment measures.
immediately notify the Commission and the other Member
States of that finding.
Article 11
Article 12
Checks concerning movements from demarcated areas to
areas other than demarcated areas and from infested zones
Measures in case of non-compliance with Article 10
to buffer zones
Where the checks referred to in Article 11 show that Section 1
1. Member
States
shall
carry
out
frequent
random
checks
on or 2 of Annex III is not complied with, the Member State which
susceptible plants and susceptible wood and bark being moved
carried out those checks shall immediately subject the non-
from demarcated areas situated in their territory to areas other
compliant material to one of the following measures:
than demarcated areas and from infested zones situated in their
territory to buffer zones.
(a) destruction;
When deciding in a specific case where to carry out the checks,
(b) movement under official supervision to a treatment facility
Member States shall base their decision on the risk that the
specifically authorised for this purpose, where it is subjected
plants or wood and bark to be checked carry live PWN,
to a heat treatment to achieve a minimum temperature of
taking into account the provenance of the consignments, the
56 °C for at least 30 minutes throughout the susceptible
degree of susceptibility of the plants and wood and bark
wood and bark ensuring freedom from live PWNs and
concerned, and past compliance with this Decision and
live vectors;
Decision 2006/133/EC by the operator responsible for the
movement.
(c) where the non-compliant material consists of wood
packaging material actually in use in the transport of
Checks of the susceptible plants and the susceptible wood and
objects, and without prejudice to Annex III, return under
bark shall be carried out in the following places:
official supervision to the place of dispatch, or a location
nearby the location of the interception, for repackaging of
those objects and destruction of that wood packaging
(a) at the points where they are moved from infested zones
material, while avoiding any risk of spreading of PWN.
into buffer zones;
Article 13
(b) at the points where they are moved from buffer zones into
non-demarcated areas;
Authorisation of treatment facilities
1. Member
States
in
whose
territory
there
is
a
demarcated
(c) at their place of destination in the buffer zone; and
area shall authorise treatment facilities adequately equipped to
carry out one or more of the following tasks, as set out in
(d) at their place of origin in the infested zone, such as
Annex III:
sawmills, from which they are moved out of the infested
zone.
(a) treatment of susceptible wood and bark, as set out in point
2(a) of Section 1 of that Annex and point (c) of the first
Member States may decide to carry out checks additionally in
subparagraph of point 2 of Section 2 of that Annex;
other places than those referred to in points (a) to (d).
(b) issuing of plant passports referred to in Commission
Directive 92/105/EEC ( 1 ) for susceptible wood and bark
Those checks shall include a documentary check as regards the
treated by the treatment facility concerned in accordance
requirements laid down in Section 1 of Annex III, an identity
with point (a) of this paragraph, as set out in point 2(b)
check and, in the case of non-compliance or a suspicion of
of Section 1 of Annex III and point (b) of the second
non-compliance with those requirements, a plant health check
subparagraph of point 2 of Section 2 of that Annex;
which includes testing for the presence of PWN.
(c) treatment of wood packaging material, as set out in point
2. Member
States
shall
carry
out
random
checks
on
3(a) of Section 1 of that Annex and point 3 of Section 2 of
susceptible plants and susceptible wood and bark being
that Annex; and
moved from demarcated areas situated outside their territory
into areas in their territory other than demarcated areas.
(d) marking of wood packaging material treated by the
treatment facility concerned in accordance with point (c),
These checks shall include a documentary check as regards the
as set out in point 3(b) of Section 1 of Annex III and point
requirements laid down in Section 1 of Annex III, an identity
3 of Section 2 of that Annex, in accordance with Annex II
check and a plant health check which includes testing for the
to the FAO International Standard for Phytosanitary
presence of PWN.
Measures No 15.
3. The
results
of
the
checks
referred
to
in
paragraph
1
shall Those facilities are referred to hereinafter as ‘authorised
be communicated to the Commission and the other Member
treatment facilities’.
States on a monthly basis and those referred to in paragraph 2
on an annual basis, by 1 March.
( 1 ) OJ L 4, 8.1.1993, p. 22.

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2.10.2012 Official
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the
European
Union L
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2. Authorised
treatment
facilities
shall
ensure
the
traceability 2. Without
prejudice
to
paragraph
1,
where
the
Member
of the treated susceptible wood, bark and wood packaging
State which granted the authorisation becomes aware of the
material.
fact that an authorised treatment facility or an authorised
wood packaging material producer does not correctly perform
Article 14
its tasks, as set out in its authorisation, it shall take the
necessary measures to ensure that Articles 13 and 14 are
Marking authorisation
complied with.
1. Member
States
in
whose
territory
there
is
a
demarcated
area shall authorise producers of wood packaging material
Article 17
adequately equipped to mark, in accordance with Annex II to
List of authorised treatment facilities and authorised wood
the FAO International Standard for Phytosanitary Measures No
packaging material producers
15, the wood packaging material they assemble from wood
treated by an authorised treatment facility and accompanied
1. Member
States
shall
inform
the
Commission
when
they
by the plant passport referred to in Directive 92/105/EEC.
authorise a treatment facility in accordance with Article 13 or a
wood packaging material producer in accordance with Article 14
Those producers are referred to hereinafter as ‘authorised wood
and when they withdraw such an authorisation.
packaging material producers’.
2. The
Commission
shall
establish
a
list
of
the
authorised
2. Authorised
wood
packaging
material
producers
shall treatment facilities and authorised wood packaging material
exclusively use wood from treatment facilities specifically auth
producers and shall transmit that list to the Member States.
orised for this purpose and accompanied by the plant passport
Part A of that list shall set out the authorised treatment facil
referred to in Directive 92/105/EEC for the production of wood
ities. Part B of that list shall set out the authorised wood
packaging material and shall ensure that the wood used for that
packaging material producers. That list shall be updated on
purpose can be traced back to those treatment facilities.
the basis of the information received from the Member States.
Article 15
Article 18
Supervision of authorised treatment facilities and
Repeal
authorised wood packaging material producers
Decision 2006/133/EC is repealed.
Member States shall supervise the authorised treatment facilities
and the authorised wood packaging material producers to
Article 19
ensure that they correctly perform their tasks, as set out in
their authorisation.
Review
This Decision shall be reviewed by 31 July 2015 at the latest.
Member States shall ensure that that supervision is carried out
by technically qualified personnel of the responsible official
Article 20
bodies or by any other technically qualified persons acting
under the supervision of the responsible official bodies.
Date of application
The second sentence of point 2(a) of Section 1 of Annex III and
Article 16
the second sentence of point 2(c) of Section 2 of that Annex
Withdrawal of authorisations of authorised treatment
shall apply from 1 January 2013.
facilities and authorised wood packaging material
producers
Article 21
1. Where
the
Member
State
which
granted
the
authorisation
Addressees
becomes aware of the presence of PWN in susceptible wood,
This Decision is addressed to the Member States.
bark or wood packaging material treated by an authorised
treatment facility, it shall immediately withdraw that authori
sation.
Done at Brussels, 26 September 2012.
Where the Member State which granted the authorisation
becomes aware of the presence of PWN in susceptible wood
For the Commission
packaging material marked by an authorised wood packaging
material producer, it shall immediately withdraw that authori
John DALLI
sation.
Member of the Commission

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L 266/48
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2.10.2012
ANNEX I
Eradication measures provided for in Article 6
1. Member States shall in accordance with Article 6 take measures in the demarcated areas to eradicate PWN, as set out
in points 2 to 10.
Member States shall include a detailed description of those measures in the communication provided for in
Article 9(1).
2. When establishing a demarcated area, the Member State concerned shall immediately, in that area, create a zone with
a minimum radius of 500 m around each susceptible plant in which PWN has been found to be present, hereinafter
‘the clear-cut zone’. The actual radius of that zone shall be determined, for each susceptible plant in which PWN has
been found to be present, based on the risk of transmission of PWN by the vector further than 500 m away from
that susceptible plant.
In the clear-cut zone all susceptible plants shall be felled, removed and disposed of. The felling and destruction of
those plants shall be carried out from the outside of the zone towards the centre. All necessary precautions shall be
taken to avoid spreading PWN and its vector during felling.
All dead plants, all plants in poor health and a number of healthy-looking plants selected based on the risk of
spreading the PWN in the particular case shall be sampled after felling. The sampling shall be carried out in several
parts of each plant including the crown. All samples shall be tested for the presence of PWN.
3. Where a Member State concludes that creation of a 500 m-radius clear-cut zone, as referred to in point 2, has
unacceptable social or environmental impacts, the minimum radius of the clear-cut zone may be reduced to 100 m
around each susceptible plant in which PWN has been found to be present.
In exceptional cases of certain individual plants located within that clear-cut zone, where the Member State concludes
that the felling of those plants is inappropriate, an alternative eradication measure may be applied to those plants
only, offering the same level of protection against the spread of PWN. The reason for that conclusion and the
description of that measure shall be notified to the Commission in the communication referred to in Article 9(1).
4. Where point 3 applies, all susceptible plants located between 100 m and 500 m from the susceptible plants in which
PWN has been found to be present and exempted from felling, shall be subject to the following measures:
(a) annual sampling and testing of those susceptible plants for the presence of PWN, using a sampling scheme able
to confirm with 99 % reliability that the level of presence of PWN in those susceptible plants is below 0,1 %;
(b) from the first year on until completion of eradication as provided for in Article 6(1) or until a decision to apply
containment measures as provided for in Article 7(1), inspections every two months by Member States during the
flight season of the vector of those susceptible plants for signs or symptoms of the presence of PWN, followed by
sampling and testing of those plants for the presence of PWN where those signs or symptoms are observed.
The reasons for the conclusion referred to in point 3 and the description of the measures set out in points (a) and (b)
shall be included in the communication provided for in Article 9(1).
5. Where a Member State has evidence that the vector is not present in its territory, based on surveys for the presence
of the vector in its territory in the last three years, the minimum radius of the clear-cut zone shall be 100 m around
each susceptible plant in which PWN has been found to be present, unless the surveys referred to in point 6
demonstrate the presence of the vector in the demarcated area.
That evidence shall be included in the communication provided for in Article 9(1).
6. Member States shall perform annual surveys of the susceptible plants and the vector in the demarcated areas by
inspecting, sampling and testing those plants and the vector for the presence of PWN. Those surveys shall give
particular attention to susceptible plants which are dead, in poor health or situated in fire- or storm-affected areas.
Those surveys shall also include systematic sampling of healthy-looking susceptible plants. The intensity of the
surveys 3 000 m around each susceptible plant in which PWN has been found shall be at least four times higher
than from 3 000 m thereof to the outer limit of the buffer zone.

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EN
2.10.2012 Official
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7. Member States shall, throughout the demarcated area, identify and fell all susceptible plants in which PWN has been
found to be present, and those which are dead, in poor health or situated in fire- or storm-affected areas. They shall
remove and dispose of plants felled and logging remains, taking all necessary precautions to avoid spreading of PWN
and its vector until the end of felling. They shall respect the following conditions:
(a) susceptible plants identified outside the flight season of the vector shall, before the next flight season, be felled
and either destroyed on site or removed and their wood and bark treated, as set out in point 2(a) of Section 1 of
Annex III, or processed, as set out in point 2(b) of Section 2 of Annex III;
(b) susceptible plants identified during the flight season of the vector shall, immediately, be felled and either
destroyed on site or removed and their wood and bark treated, as set out in point 2(a) of Section 1 of
Annex III, or processed, as set out in point 2(b) of Section 2 of Annex III.
Felled susceptible plants in which PWN has not already been found to be present shall be sampled and tested for the
presence of PWN, according to a sampling scheme able to confirm with 99 % reliability that the level of presence of
PWN in those susceptible plants is below 0,1 %.
Where point 5 applies, Member States may, however, decide to sample and test for the presence of PWN the
susceptible plants referred to in the first subparagraph without felling them, according to a sampling scheme able to
confirm with 99 % reliability that the level of presence of PWN in those susceptible plants is below 0,1 %. The first
sentence shall not apply to susceptible plants in which PWN has been found to be present.
8. As regards susceptible wood identified in the demarcated area during the flight season of the vector, as referred to in
point 7(b), Member States shall strip logs of felled susceptible plants of their bark, or treat those logs with an
insecticide known to be effective against the vector or cover those logs with an insect net drenched with such an
insecticide immediately after felling. After stripping, treating or covering, the susceptible wood shall, under official
supervision, immediately be moved to a storage place or to an authorised treatment facility. Wood, which was not
stripped of its bark, shall, immediately, at its storage place or at the authorised treatment facility, once more, be
treated with an insecticide known to be effective against the vector or covered with an insect net drenched in such an
insecticide.
Wood waste produced at the time of felling of susceptible plants which is left on site shall be chipped into pieces of
less than 3 cm thickness and width.
9. Member States shall remove and dispose of all susceptible plants grown in places of production of plants for planting
where PWN has been detected since the beginning of the last complete growing cycle, taking all necessary
precautions to avoid spreading of PWN and its vector during those activities.
10. Member States shall provide for a hygiene protocol for all vehicles transporting forest products and machinery for
processing forest products, to ensure that PWN cannot be spread with those vehicles and machinery.

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L 266/50
EN
Official Journal of the European Union
2.10.2012
ANNEX II
Containment measures provided for in Article 7
1. Member States shall in accordance with Article 7 take measures in the demarcated areas, which shall have a buffer
zone having a width of at least 20 km, to contain PWN, as set out in points 2 and 3.
Member States shall include a detailed description of those measures in the communication provided for in
Article 9(1).
2. Member States shall perform annual surveys of the susceptible plants and the vector in the infested zones by
inspecting, sampling and testing those plants and the vector for the presence of PWN. Those surveys shall give
particular attention to susceptible plants which are dead, in poor health or situated in fire- or storm-affected areas.
Member States shall fell all susceptible plants in which PWN is found to be present and remove and dispose of those
plants and their logging remains, taking all necessary precautions to avoid spreading of PWN and its vector.
3. Member States shall take the following measures in the buffer zones:
(a) Member States shall perform annual surveys of the susceptible plants and the vector in the buffer zones by
inspecting, sampling and testing those plants and the vector for the presence of PWN. Those surveys shall give
particular attention to susceptible plants which are dead, in poor health or situated in fire- or storm-affected areas.
Those surveys shall also include systematic sampling of healthy-looking susceptible plants.
(b) Member States shall, throughout the concerned buffer zones, identify and fell all susceptible plants which are dead,
in poor health or situated in fire- or storm-affected areas. They shall remove and dispose of plants felled and
logging remains, taking all necessary precautions to avoid spreading of PWN and its vector up to and during
felling and under the following conditions:
(i) Susceptible plants identified outside the flight season of the vector shall, before the next flight season, be felled
and destroyed on site, moved under official control into the infested zone or removed. In the last case the
wood and bark of those plants shall either be treated, as set out in point 2(a) of Section 1 of Annex III, or
processed, as set out in point 2(b) of Section 2 of Annex III.
(ii) Susceptible plants identified during the flight season of the vector shall, immediately, be felled and destroyed
on site, moved under official control into the infested zone or removed. In the last case the wood and bark of
those plants shall either be treated, as set out in point 2(a) of Section 1 of Annex III, or processed, as set out in
point 2(b) of Section 2 of Annex III.
Felled susceptible plants, other than plants completely destroyed by forest fires, shall be sampled and tested for the
presence of PWN, according to a sampling scheme able to confirm with 99 % reliability that the level of presence
of PWN in those susceptible plants is below 0,02 %.
(c) As regards susceptible wood identified in the buffer zone during the flight season of the vector, as referred to in
point 3(b), Member States shall strip logs of felled susceptible plants of their bark, or treat those logs with an
insecticide known to be effective against the vector or cover those logs with an insect net drenched in such an
insecticide immediately after felling. After stripping, treating or covering, the susceptible wood shall, under official
supervision, immediately be moved to a storage place or to an authorised treatment facility. Wood, which was not
stripped of its bark, shall, immediately, at its storage place or at the authorised treatment facility, once more, be
treated with an insecticide known to be effective against the vector or covered with an insect net drenched in such
an insecticide.
Wood waste produced at the time of felling of susceptible plants which is left on site shall be chipped into pieces
of less than 3 cm thickness and width.
4. Member States shall provide for a hygiene protocol for all vehicles transporting forest products and machinery for
processing forest products, to ensure that PWN cannot be spread with those vehicles and machinery.

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EN
2.10.2012 Official
Journal
of
the
European
Union L
266/51
ANNEX III
Conditions for movement of susceptible plants and susceptible wood and bark within the Union, as provided
for in Article 10
SECTION 1
Conditions for movement of susceptible plants and susceptible wood and bark from demarcated areas into areas
other than demarcated areas and from infested zones into buffer zones
1. Susceptible plants may be moved provided that those plants fulfil the following conditions:
(a) they have been grown in places of production where no PWN or its symptoms have been observed since the
beginning of the last complete growing cycle;
(b) they have been grown throughout their life under complete physical protection ensuring that the vector cannot
reach the plants;
(c) they have been officially inspected, tested, and found free from PWN and the vector;
(d) they are accompanied by a plant passport prepared and issued in accordance with Directive 92/105/EEC for
destinations within the Union;
(e) they are transported outside the flight season of the vector or in closed containers or packaging ensuring that
infestation with PWN or the vector cannot occur.
2. Susceptible wood and bark, with exception of wood packaging material, may be moved provided that that wood or
bark fulfils the following conditions:
(a) It has undergone an appropriate heat treatment in an authorised treatment facility to achieve a minimum
temperature of 56 °C for at least 30 minutes throughout that wood and bark ensuring freedom from live
PWNs and live vectors. In the case of a composting heat treatment, the composting shall be carried out in
accordance with a treatment specification approved in accordance with the procedure referred to in Article 18(2)
of Directive 2000/29/EC.
(b) It is accompanied by the plant passport referred to in Directive 92/105/EEC and issued by an authorised treatment
facility.
(c) It is moved outside the flight season of the vector or, except in the case of wood free from any bark, with a
protective covering ensuring that infestation with PWN or the vector cannot occur.
3. Susceptible wood in the form of wood packaging material may be moved provided that that wood packaging material
fulfils the following conditions:
(a) it has been subjected in an authorised treatment facility to one of the approved treatments, specified in Annex I to
the FAO International Standard for Phytosanitary Measures No 15 on Regulation of wood packaging material in
international trade ( 1 ), ensuring freedom from live PWNs and live vectors;
(b) it is marked in accordance with Annex II to that International Standard.
4. By way of derogation from points 2 and 3, susceptible wood may be moved out of the demarcated area, or out of the
infested zone into the buffer zone, to the authorised treatment facility located at the shortest distance from that
demarcated area or infested zone for immediate treatment where no appropriate treatment facility is located inside that
area or zone.
The derogation shall apply only if the following conditions are fulfilled:
(a) the management, treatment, storage and transport of felled susceptible plants in accordance with points 8 and 10
of Annex I, and point 3(c) and point 4 of Annex II, ensure that the vector cannot be present on or escape from
that wood;
(b) the movements take place outside the flight season of the vector or with a protective covering ensuring that
infestation of other plants, wood or bark with PWN or the vector cannot occur;
(c) the movements are subject to regular on-site control by the competent authorities.
5. By way of derogation from points 2 and 3, susceptible wood and bark chipped into pieces of less than 3 cm thickness
and width may be moved out of the demarcated area to the authorised treatment facility located at the shortest
distance from that area, or out of the infested zone into the buffer zone, to be used as fuel, provided that points (b)
and (c) of the second subparagraph of point 4 are fulfilled.
( 1 ) Secretariat of the International Plant Protection Convention (2009), International Standard for Phytosanitary Measures 15: Regulation of
wood packaging material in international trade.

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L 266/52
EN
Official Journal of the European Union
2.10.2012
SECTION 2
Conditions for movement of susceptible plants and susceptible wood and bark within infested zones subject to
eradication measures
1. Susceptible plants for planting may be moved provided that those plants fulfil the same conditions as set out in point
1 of Section 1.
2. Susceptible wood and bark may be moved in order for that wood or bark to be subjected to one of the following
treatments:
(a) It is to be destroyed by burning in a nearby location within the demarcated area designated for this purpose.
(b) It is to be used in a processing facility as fuel or for other destructive purposes ensuring freedom from live PWNs
and live vectors.
(c) It is to undergo an appropriate heat treatment in an authorised treatment facility to achieve a minimum
temperature of 56 °C for at least 30 minutes throughout that wood and bark ensuring freedom from live
PWNs and live vectors. In the case of a composting heat treatment, the composting shall be carried out in
accordance with a treatment specification approved in accordance with the procedure referred to in Article 18(2)
of Directive 2000/29/EC.
The following conditions shall apply to those movements:
(a) the wood or bark is to be moved under official supervision and outside the flight season of the vector or with a
protective covering ensuring that infestation of other plants, wood or bark with PWN or the vector cannot occur;
or
(b) wood or bark having undergone the treatment referred to in point (c) of the first paragraph may be moved,
provided that it is accompanied by a plant passport issued by an authorised treatment facility.
This point shall neither apply to wood packaging material nor to susceptible wood obtained from plants individually
tested and found free from PWN.
3. Susceptible wood in the form of wood packaging material may be moved if it fulfils the conditions set out in point 3
of Section 1.

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