
Article 1 
For the purpose of this Decision, the following definitions shall apply:

((a)) ‘specified organism’ means Rhynchophorus ferrugineus (Olivier);
((b)) ‘susceptible plants’ means plants, other than fruit and seeds, having a diameter of the stem at the base of over 5 cm of Areca catechu, Arenga pinnata, Borassus flabellifer, Calamus merillii, Caryota maxima, Caryota cumingii, Cocos nucifera, Corypha gebanga, Corypha elata, Elaeis guineensis, Livistona decipiens, Metroxylon sagu, Oreodoxa regia, Phoenix canariensis, Phoenix dactylifera, Phoenix theophrasti, Phoenix sylvestris, Sabal umbraculifera, Trachycarpus fortunei and Washingtonia spp.;
((c)) ‘place of production’ means the place of production as defined in the FAO International Standard for Phytosanitary Measures No 5.
Article 2 
The introduction into and spread within the Community of the specified organism shall be prohibited.
Article 3 
Susceptible plants may be introduced into the Community only if:

((a)) they comply with the specific import requirements in point 1 of Annex I;
((b)) they are, on entry into the Community, inspected by the responsible official body for the presence of the specified organism, in accordance with Article 13a(1) of Directive 2000/29/EC, and no signs of the specified organism have been found.
Article 4 
Susceptible plants originating in the Community or imported into the Community in accordance with Article 3 may be moved within the Community only if they meet the conditions in point 2 of Annex I.
Article 5 

1. Member States shall conduct official annual surveys for the presence of the specified organism or evidence of infection by the specified organism on plants of Palmae in their territory.Without prejudice to Article 16(2) of Directive 2000/29/EC, the results of those surveys, together with the list of demarcated areas referred to in Article 6, shall be notified to the Commission and to the other Member States by 28 February of each year.
2. Any suspected occurrence or confirmed presence of the specified organism shall immediately be notified to the responsible official bodies.
Article 6 
When the results of the surveys referred to in Article 5(1) or the notifications referred to in Article 5(2) confirm the presence of the specified organism in an area, or there is evidence of the presence of the specified organism by other means, Member States shall define demarcated areas and take official measures as laid down in points 1 and 2 respectively of Annex II.
Article 7 
Member States shall, if necessary, amend the measures which they have adopted to protect themselves against the introduction and spread of the specified organism in such a manner that those measures comply with this Decision. They shall immediately inform the Commission of those measures.
Article 8 
This Decision shall be reviewed by 31 March 2008 at the latest.
Article 9 
This Decision is addressed to the Member States.
Done at Brussels, 25 May 2007.
For the Commission
Markos KYPRIANOU
Member of the Commission
ANNEX I
1. 
Without prejudice to the provisions listed in Annex III, Part A(17) and Annex IV, Part A(I)(37) to Directive 2000/29/EC, susceptible plants originating in third countries shall be accompanied by a certificate as referred to in Article 13(1) of that Directive which states under the rubric ‘Additional declaration’ that the susceptible plants, including those collected from natural habitats:


((a)) have been grown throughout their life in a country where the specified organism is not known to occur; or
((b)) have been grown throughout their life in a pest-free area, established by the national plant protection organisation in the country of origin in accordance with relevant International Standards for Phytosanitary Measures; under the rubric ‘place of origin’ the name of the pest-free area shall be mentioned; or
((c)) have, during a period of at least one year prior to export, been grown in a place of production:

((i)) which is registered and supervised by the national plant protection organisation in the country of origin, and
((ii)) where the plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and
((iii)) where, during official inspections carried out at least every three months and immediately prior to export, no signs of the specified organism have been observed.

2. 
Susceptible plants either originating in the Community or imported into the Community in accordance with Article 3, may be moved within the Community only if they are accompanied by a plant passport prepared and issued in accordance with Commission Directive 92/105/EEC, and have been grown:


((a)) throughout their life in a Member State or third country where the specified organism is not known to occur; or
((b)) throughout their life in a place of production in a pest-free area, established by the responsible official body in a Member State or by the national plant protection organisation in a third country, in accordance with relevant International Standards for Phytosanitary Measures; or
((c)) in a place of production in a Member State during a period of two years prior to the movement during which:

((i)) the susceptible plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and
((ii)) no signs of the specified organism have been observed in official inspections carried out at least every three months;

or


((d)) if imported in accordance with point 1(c) of this Annex, have been grown since their introduction into the Community in a place of production in a Member State during a period of at least one year prior to the movement during which:

((i)) the susceptible plants were placed in a site with complete physical protection against the introduction of the specified organism or application of appropriate preventive treatments, and
((ii)) no signs of the specified organism have been observed in official inspections carried out at least every three months.

ANNEX II
1.  (a) 

((i)) an infested zone where the presence of the specified organism has been confirmed and which includes all susceptible plants showing symptoms caused by the specified organism, and, where appropriate, all susceptible plants belonging to the same lot at the time of planting,
((ii)) a buffer zone with a boundary at least 10 km beyond the boundary of the infested zone.

In cases where several buffer zones overlap or are geographically close, a wider demarcated area shall be defined which includes the relevant demarcated areas and the areas between them.
 (b) The exact delimitation of the zones referred to in point (a) shall be based on sound scientific principles, the biology of the specified organism, the level of infestation, the period of the year and the particular distribution of susceptible plants in the Member State concerned.
 (c) If the presence of the specified organism is confirmed outside the infested zone, the delimitation of the demarcated areas shall be changed accordingly.
 (d) If, based on the annual surveys referred to in Article 5(1), the specified organism is not detected in a demarcated area for a period of three years, this area shall cease to exist and the measures referred to in point 2 of this Annex shall no longer be necessary.

2. 
The official measures referred to in Article 6 to be taken in the demarcated areas, shall include at least the following:


((a)) appropriate measures aiming at eradicating the specified organism;
((b)) intensive monitoring for the presence of the specified organism by appropriate inspections.
