
Article 1 

1. Article 2 of Decision 2008/840/EC is replaced by the following:'
Article 2 
As regards imports from third countries where Anoplophora chinensis (Forster) is known to be present, other than China, specified plants may only be introduced into the Union if they fulfil the following conditions:

((a)) they comply with the specific import requirements as set out in point (1) of Section I(A) of Annex I;
((b)) without prejudice to Article 13a(1) of Directive 2000/29/EC, on entry into the Union they are inspected by the responsible official body in accordance with point (2) of Section I(A) of Annex I to this Decision for the presence of Anoplophora chinensis (Forster), and no signs of that organism have been found.
Article 2a 

1. As regards imports from China, specified plants may only be introduced into the Union if they fulfil the following conditions:
(a) they comply with the specific import requirements as set out in point (1) of Section I(B) of Annex I;
(b) without prejudice to Article 13a(1) of Directive 2000/29/EC, on entry into the Union they are inspected by the responsible official body in accordance with point (2) of Section I(B) of Annex I to this Decision for the presence of Anoplophora chinensis (Forster), and no signs of that organism have been found;
(c) the place of production of those plants:
((i)) is designated by a unique registration number assigned by the national plant protection organisation of China;
((ii)) is included in the most recent version of the register communicated by the Commission to the Member States in accordance with paragraph 3;
((iii)) has not, within the previous two years, been the subject of a communication by the Commission to the Member States of the removal from the register in accordance with paragraph 3; and
((iv)) has not, within the previous two years, been the subject of a communication by the Commission to the Member States as referred to in paragraph 4 or 5.
2. However, plants of Acer spp. shall not be introduced into the Union until 30 April 2012.From 1 May 2012, paragraph 1 shall apply to plants of Acer spp.
3. The Commission shall communicate to the Member States the register of places of production in China which its national plant protection organisation has established as in compliance with point (1)(b) of Section I(B) of Annex I.Where that organisation updates the register by removing a place of production either because that organisation has found that the place of production no longer complies with point (1)(b) of Section I(B) of Annex I or because the Commission has informed China of evidence of the presence of Anoplophora chinensis (Forster) at import of specified plants from one of those places of production, and China makes the updated version of the register available to the Commission, the Commission shall communicate the updated version of the register to the Member States through internet based information pages.Where that organisation updates the register by including a place of production because that organisation has found that the place of production complies with point (1)(b) of Section I(B) of Annex I and China makes the updated version of the register available to the Commission as well as the necessary explanatory information, the Commission shall communicate that updated version and, where appropriate, that explanatory information to the Member States through internet based information pages.Through internet based information pages, the Commission shall make the register and its updates available to the public.
4. Where during an inspection at a registered place of production, as set out in points (ii), (iii) and (iv) of point (1)(b) of Section I(B) of Annex I, the Chinese plant protection organisation finds evidence of the presence of Anoplophora chinensis (Forster) and the Commission is notified of that finding by China, the Commission shall immediately communicate that finding to the Member States through internet based information pages.Through internet based information pages, the Commission shall also make this information available to the public.
5. Where the Commission has evidence from sources other than those referred to in paragraphs 3 and 4 that a place of production listed in the register does not comply with point (1)(b) of Section I(B) of Annex I or that Anoplophora chinensis (Forster) has been found on specified plants imported from such a place of production, it shall communicate the information concerning that place of production to the Member States through internet based information pages.Through internet based information pages, the Commission shall also make this information available to the public.'
2. Annex I to Decision 2008/840/EC is amended in accordance with the Annex to this Decision.
Article 2 
This Decision is addressed to the Member States.
Done at Brussels, 7 July 2010.
For the Commission
John DALLI
Member of the Commission
ANNEX

Section I of Annex I to Decision 2008/840/EC is replaced by the following:
'
I.  A —  (1) 

((a)) that the plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation in the country of origin and situated in a pest-free area established by that organisation 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)) that 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 at least 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 subjected to an official meticulous inspection, for the presence of Anoplophora chinensis (Forster), in particular in roots and stems of the plants. This inspection should include targeted destructive sampling. The size of the sample for inspection shall be as such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %.
 (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. This inspection should include targeted destructive sampling. The size of the sample for inspection shall be as such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %.
 B —  (1) 

((a)) that the plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation of China and situated in a pest-free area established by that organisation 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)) that 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; and
((ii)) which has been subjected annually to at least 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 subjected to an official meticulous inspection, including targeted destructive sampling on each lot, for the presence of Anoplophora chinensis (Forster), in particular in roots and stems of the plants;
The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %.
((c)) the registration number of the place of production.
 (2) 
The destructive sampling referred to in the first paragraph shall be carried out at the level set out in the following table:


Number of plants in the lot Level of destructive sampling (number of plants to be cut)
1 – 4 500 10 % of lot size
> 4 500 450
'
