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

((a)) ‘specified plants’ means plants for planting, other than seeds, of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., Carpinus spp., Citrus spp., Corylus spp., Cotoneaster spp., Fagus spp., Lagerstroemia spp., Malus spp., Platanus spp., Populus spp., Prunus spp., Pyrus spp., Salix spp., and Ulmus spp.;
((b)) ‘place of production’ means the place of production as defined in the FAO International Standard for Phytosanitary Measures No 5.
Article 2 
Specified plants imported from third countries where Anoplophora chinensis (Forster) is known to be present, may only be introduced into the Community if:

((a)) they comply with the specific import requirements in point (1) of Section I of Annex I;
((b)) without prejudice to Article 13a(1) of Directive 2000/29/EC, on entry into the Community they are inspected by the responsible official body in accordance with point (2) of Section I of Annex I to this Decision for the presence of Anoplophora chinensis (Forster), and no signs of that organism have been found.
Article 3 
Specified plants originating in demarcated areas within the Community established in accordance with Article 5 may be moved within the Community only if they meet the conditions set out in point (1) of Section II of Annex I.
Specified plants imported in accordance with Article 2 from third countries where Anoplophora chinensis (Forster) is known to be present, may be moved within the Community only if they meet the conditions set out in point (2) of Section II of Annex I.
Article 4 
Member States shall conduct official annual surveys for the presence of Anoplophora chinensis (Forster) and for the evidence of infestation by that organism on host plants in their territory.
Without prejudice to Article 16(1) of Directive 2000/29/EC, the results of those surveys, together with the list and delimitation of demarcated areas referred to in Article 5 of this Decision, shall be notified to the Commission and to the other Member States by 30 April of each year.
Article 5 
When the results of the surveys referred to in Article 4 confirm the presence of Anoplophora chinensis (Forster) in an area, or there is evidence of the presence of that organism by other means, Member States shall define demarcated areas, which shall consist of infested zone and of buffer zone, in accordance with Section 1 of Annex II.
The Member States shall take official measures in the demarcated areas as laid down in Section 2 of Annex II.
Article 6 
Member States shall take all measures to comply with this Decision and, if necessary, amend the measures which they have adopted to protect themselves against the introduction and spread of Anoplophora chinensis (Forster) in such a manner that those measures comply with this Decision. They shall immediately inform the Commission of those measures.
Article 7 
This Decision shall be reviewed by 31 May 2009 at the latest.
Article 8 
This Decision is addressed to the Member States.
Done at Brussels, 7 November 2008.
For the Commission
Androulla VASSILIOU
Member of the Commission
ANNEX I
I.  (1) 

((a)) the plants have been grown throughout their life in a place of production situated 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. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or
((b)) the plants have been grown, during a period of at least two years prior to export, in a place of production established as free from Anoplophora chinensis (Forster) in accordance with International Standards for Phytosanitary Measures:

((i)) which is registered and supervised by the national plant protection organisation in the country of origin; and
((ii)) which has been subjected annually to two official inspections for any signs of Anoplophora chinensis (Forster) carried out at appropriate times and no signs of the organism have been found; and
((iii)) where the plants have been grown in a site:

— with complete physical protection against the introduction of Anoplophora chinensis (Forster); or
— with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs of Anoplophora chinensis (Forster) are carried out annually at appropriate times. In case signs of Anoplophora chinensis (Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
((iv)) where immediately prior to export consignments of the plants have been officially subjected to a meticulous inspection for the presence of Anoplophora chinensis (Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling.
 (2) Specified plants imported in accordance with point (1) shall be meticulously inspected at the point of entry or the place of destination established in accordance with Commission Directive 2004/103/EC. Inspection methods applied shall ensure the detection of any signs of Anoplophora chinensis (Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling.

II.  (1) 

((i)) which is registered according to Commission Directive 92/90/EEC; and
((ii)) which has been subjected annually to two official meticulous inspections for any signs of Anoplophora chinensis (Forster) carried out at appropriate times and no signs of the organism have been found; where appropriate, this inspection should include destructive sampling; and
((iii)) where the plants were placed in a site:

— with complete physical protection against the introduction of Anoplophora chinensis (Forster); or
— with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km beyond the boundary of the infested zone where official surveys for the presence or signs of Anoplophora chinensis (Forster) are carried out annually at appropriate times. In case signs of Anoplophora chinensis (Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone.
 (2) Specified plants imported from third countries where Anoplophora chinensis (Forster) is known to be present in accordance with Section I may be moved within the Community only if they are accompanied by the plant passport referred to in point (1).

ANNEX II
1.  (a) 

((i)) an infested zone which is the zone where the presence of Anoplophora chinensis (Forster) has been confirmed, and which includes all plants showing symptoms caused by Anoplophora chinensis (Forster) and, where appropriate, all plants belonging to the same lot at the time of planting,
((ii)) a buffer zone with a radius of at least two km beyond the boundary of the infested zone.
 (b) The exact delimitation of the zones referred to in point (a) shall be based on sound scientific principles, the biology of Anoplophora chinensis (Forster), the level of infestation, the particular distribution of the specified plants in the area concerned and evidence of establishment of the harmful organism. In case of the first detection of the organism in an area, and following a delimiting survey, the radius of the buffer zone may be reduced to not less than one km beyond the boundary of the infested zone.
 (c) If the presence of Anoplophora chinensis (Forster) is confirmed outside the infested zone, the delimitation of the demarcated areas shall be changed accordingly, or eradication measures are taken immediately to restore the pest freedom of the buffer zone.
 (d) If, based on the annual surveys referred to in point 2(b), Anoplophora chinensis (Forster) is not detected in a demarcated area for a period of four years, this demarcation shall be withdrawn and the measures referred to in point 2 shall no longer apply.

2. 
The official measures referred to in Article 5 to be taken in the demarcated areas, shall include at least the following:


((a)) in the infested zone, appropriate measures aiming at eradicating Anoplophora chinensis (Forster), including the felling and destruction of infested plants and plants with signs of Anoplophora chinensis (Forster), including the roots, annually before 30 April;
((b)) in the infested zone and the buffer zone, intensive monitoring for the presence of Anoplophora chinensis (Forster) by inspections carried out annually on host plants of the organism at appropriate times.
