Commission Regulation (EC) No 690/2008 of 4 July 2008 recognising protected zones exposed to particular plant health risks in the Community (Recast)
Modified by
  • Commission Regulation (EC) No 823/2009of 9 September 2009amending Regulation (EC) No 690/2008 recognising protected zones exposed to particular plant health risks in the Community, 32009R0823, September 10, 2009
  • Commission Regulation (EU) No 17/2010of 8 January 2010amending Regulation (EC) No 690/2008 as regards the recognition of the Italian province of Venice as a protected zone in respect of Erwinia amylovora (Burr.) Winsl. et al., 32010R0017, January 12, 2010
  • Commission Regulation (EU) No 361/2010of 27 April 2010amending Regulation (EC) No 690/2008 recognising protected zones exposed to particular plant health risks in the Community, 32010R0361, April 28, 2010
  • Commission Implementing Regulation (EU) No 436/2011of 5 May 2011amending Regulation (EC) No 690/2008 recognising protected zones exposed to particular plant health risks in the Community, 32011R0436, May 6, 2011
  • Commission Implementing Regulation (EU) No 355/2012of 24 April 2012amending Regulation (EC) No 690/2008 recognising protected zones exposed to particular plant health risks in the Community, 32012R0355, April 25, 2012
  • Commission Implementing Regulation (EU) No 707/2014of 25 June 2014amending Regulation (EC) No 690/2008 recognising protected zones exposed to particular plant health risks in the Community, 32014R0707, June 26, 2014
  • Commission Implementing Regulation (EU) 2016/873of 1 June 2016amending Regulation (EC) No 690/2008 recognising protected zones exposed to particular plant health risks in the Community, 32016R0873, June 2, 2016
Commission Regulation (EC) No 690/2008of 4 July 2008recognising protected zones exposed to particular plant health risks in the Community(Recast) THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,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 and against their spread within the CommunityOJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2008/64/EC (OJ L 168, 28.6.2008, p. 31)., and in particular the first subparagraph of Article 2(1)(h) thereof,Having regard to the requests made by Ireland, Spain, Italy, Cyprus, Lithuania, Malta, Austria, Portugal, Slovenia and Slovakia,Whereas:(1)Commission Directive 2001/32/EC of 8 May 2001 recognising protected zones exposed to particular plant health risks in the Community and repealing Directive 92/76/EECOJ L 127, 9.5.2001, p. 38. Directive as last amended by Directive 2007/40/EC (OJ L 169, 29.6.2007, p. 49). has been substantially amended several times. Since further amendments are to be made, it should be recast in the interests of clarity.(2)Under Directive 2000/29/EC, "protected zones" exposed to particular plant health risks may be defined and therefore may be accorded special protection under conditions compatible with the internal market. Such zones were defined in Commission Directive 2001/32/EC.(3)Certain Member States or certain areas in Member States are recognised as protected zones in respect of certain harmful organisms. In some cases recognition was granted provisionally, because the full information necessary to show that the harmful organism in question was not present in the Member State or area concerned had not been provided or efforts to eradicate such an organism had not been concluded. Where the Member States concerned have provided the necessary information, the zones in question should be recognised as permanent protected zones. The provisional recognition should exceptionally be extended for a further limited period to give the Member States concerned the necessary additional time to submit information showing that that organism is not present or, where necessary, to complete their efforts to eradicate it. In other cases protected zones should no longer be recognised as such since harmful organisms are now present.(4)Cyprus was provisionally recognised as a protected zone with respect to Daktulosphaira vitifoliae (Fitch), Ips sexdentatus Börner and Leptinotarsa decemlineata Say until 31 March 2008. From information supplied by Cyprus since the provisional recognition was granted, it appears that those organisms are not present in Cyprus. Therefore Cyprus should be recognised as a permanent protected zone with respect to those organisms.(5)Certain regions of Spain were recognised as protected zones with respect to Thaumetopoea pityocampa (Den. and Schiff.). From information supplied by Spain, it appears that that organism is now established in these regions. They should therefore no longer be recognised as a protected zone in respect of that organism.(6)Certain regions in Italy, Austria, Slovenia and Slovakia, and the whole territory of Ireland and Lithuania were provisionally recognised as protected zones with respect to Erwinia amylovora (Burr.) Winsl. et al. until 31 March 2008.(7)From information supplied by Ireland, Lithuania and Slovakia, it appears that the provisional recognition of the protected zones for those countries in respect of Erwinia amylovora (Burr.) Winsl. et al. should exceptionally be extended for two years to give those Member States the necessary time to submit information showing that that organism is not present or, where necessary, to complete their efforts to eradicate it.(8)From information supplied by Italy and Slovenia, it appears that Erwinia amylovora (Burr.) Winsl. et al. is now established in some regions, which have previously been provisionally recognised as protected zones for that organism until 31 March 2008. Those regions should therefore no longer be recognised as a protected zone for that organism.(9)From information supplied by Austria, it appears that due to unfavourable conditions in 2007 there were several outbreaks of Erwinia amylovora (Burr.) Winsl. et al. in some parts of its territory, which have been provisionally recognised as protected zones for this harmful organism. For this reason, the provisional recognition of the protected zones for certain regions in respect of Erwinia amylovora (Burr.) Winsl. et al. should be extended for one year to give Austria the necessary time to verify that the eradication efforts made by Austria in 2007 are efficient and submit information showing that Erwinia amylovora (Burr.) Winsl. et al. is not present or, where necessary, to complete its efforts to eradicate that organism in 2008.(10)Malta was provisionally recognised as a protected zone with respect to Citrus tristeza virus (European strains) until 31 March 2008. From information supplied by Malta, it appears that the efforts to eradicate that organism have been successful. Therefore Malta should be recognised as a permanent protected zone with respect to that organism.(11)The territory of Portugal was recognised as a protected zone with respect to Citrus tristeza virus (European strains). From information supplied by Portugal, it appears that that organism is now established in a part of its territory. That part of the Portuguese territory should therefore no longer be recognised as a protected zone in respect of that organism.(12)It is therefore necessary to modify the existing designation of protected zones.(13)In the past protected zones were recognised and amended by Directive. To achieve a timely and simultaneous application by Member States, protected zones should be recognised by Regulation.(14)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plant Health.(15)This Regulation should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex II, Part B,HAS ADOPTED THIS REGULATION:
Article 1The zones in the Community listed in Annex I are recognised as protected zones within the meaning of the first subparagraph of Article 2(1)(h) of Directive 2000/29/EC, in respect of the harmful organism(s) listed against their names in Annex I to this Regulation.
Article 2Directive 2001/32/EC, as amended by the acts listed in Annex II, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex II, Part B.References to the repealed Directive shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.
Article 3This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEX IZones in the community recognised as "protected zones", in respect of harmful organism(s) listed against their names
(a)Insects, mites and nematodes, at all stages of their development(b)Bacteria(c)Fungi(d)Viruses and virus-like organisms
Harmful organismsProtected zones: territory of
1.Anthonomus grandis (Boh.)Greece, Spain (Andalusia, Catalonia, Extremadura, Murcia, Valencia)
2.Bemisia tabaci Genn. (European populations)Ireland, Portugal (Azores, Beira Interior, Beira Litoral, Entre Douro e Minho and Trás-os-Montes), Finland, Sweden, United Kingdom
3.Cephalcia lariciphila (Klug.)Ireland, United Kingdom (Northern Ireland, Isle of Man and Jersey)
3.1.Daktulosphaira vitifoliae (Fitch)Cyprus
4.Dendroctonus micans KugelanIreland, Greece, United Kingdom (Northern Ireland, Isle of Man and Jersey)
4.1.Dryocosmus kuriphilus YasumatsuIreland, United Kingdom
5.Gilpinia hercyniae (Hartig)Ireland, Greece, United Kingdom (Northern Ireland, Isle of Man and Jersey)
6.Globodera pallida (Stone) BehrensLatvia, Portugal (Azores, until 30 April 2018), Slovenia, Slovakia, Finland
6.1.Globodera rostochiensis (Wollenweber) BehrensPortugal (Azores, until 30 April 2018)
7.Gonipterus scutellatus Gyll.Greece, Portugal (Azores)
8.Ips amitinus EichhofIreland, Greece, United Kingdom
9.Ips cembrae HeerIreland, Greece, United Kingdom (Northern Ireland and Isle of Man)
10.Ips duplicatus SahlbergIreland, Greece, United Kingdom
11.Ips sexdentatus BőrnerIreland, Cyprus, United Kingdom (Northern Ireland and Isle of Man)
12.Ips typographus HeerIreland, United Kingdom
13.Leptinotarsa decemlineata SayIreland, Spain (Ibiza and Menorca), Cyprus, Malta, Portugal (Azores and Madeira), Finland (districts of Åland, Häme, Kymi, Pirkanmaa, Satakunta, Turku, Uusimaa), Sweden (counties of Blekinge, Gotland, Halland, Kalmar and Skåne), United Kingdom
14.Liriomyza bryoniae (Kaltenbach)Ireland, United Kingdom (Northern Ireland)
14.1.Paysandisia archon (Burmeister)Ireland (until 30 April 2018), Malta (until 30 April 2018), United Kingdom (until 30 April 2018)
14.2.Rhynchophorus ferrugineus (Olivier)Ireland (until 30 April 2018), Portugal (Azores, until 30 April 2018), United Kingdom (until 30 April 2018)
15.Sternochetus mangiferae FabriciusSpain (Granada and Málaga), Portugal (Alentejo, Algarve and Madeira)
15.1.Thaumetopoea pityocampa Denis & SchiffermüllerUnited Kingdom (until 30 April 2018)
16.Thaumetopoea processionea L.Ireland, United Kingdom (excluding the local authority areas of Barnet; Brent; Bromley; Camden; City of London; City of Westminster; Croydon; Ealing; Elmbridge District; Epsom and Ewell District; Guildford; Hackney; Hammersmith & Fulham; Haringey; Harrow; Hillingdon; Hounslow; Islington; Kensington & Chelsea; Kingston upon Thames; Lambeth; Lewisham; Merton; Reading; Richmond upon Thames; Runnymede District; Slough; South Oxfordshire; Southwark; Spelthorne District; Sutton; Tower Hamlets; Wandsworth; West Berkshire and Woking) (until 30 April 2018)
01."Candidatus Phytoplasma ulmi"United Kingdom (until 30 April 2018)
1.Curtobacterium flaccumfaciens pv. flaccumfaciens (Hedges) Col.Greece, Spain
2.Erwinia amylovora (Burrill) Winslow et al.Estonia, Spain (except the autonomous communities of Andalucía, Aragón, Castilla-La Mancha, Castilla y León, Extremadura, the autonomous community of Madrid, Murcia, Navarra and La Rioja, the province of Guipuzkoa (Basque Country), the comarcas of Garrigues, Noguera, Pla d'Urgell, Segrià and Urgell in the province of Lleida (Comunidad autónoma de Catalunya); and the municipalities of Alborache and Turís in the province of Valencia and the Comarcas de L'Alt Vinalopó and El Vinalopó Mitjà in the province of Alicante (Comunidad Valenciana)), France (Corsica), Italy (Abruzzo, Basilicata, Calabria, Campania, Lazio, Liguria, Marche, Molise, Piedmont (except the communes of Busca, Centallo and Tarantasca in the province of Cuneo), Sardinia, Sicily, Tuscany, Umbria, Valle d'Aosta), Latvia, Portugal, Finland, United Kingdom (Northern Ireland: excluding the townlands of Ballinran Upper, Carrigenagh Upper, Ballinran, and Carrigenagh in County Down, and the electoral area of Dunmurry Cross in Belfast, County Antrim; Isle of Man; Channel Islands),and, until 30 April 2018, Ireland (except Galway city), Italy (Apúlia, Emilia-Romagna (the provinces of Parma and Piacenza), Lombardy (except the provinces of Milano, Mantua, Sondrio and Varese), Veneto (except the provinces of Rovigo and Venice, the communes Barbona, Boara Pisani, Castelbaldo, Masi, Piacenza d'Adige, S. Urbano and Vescovana in the province of Padova and the area situated to the south of highway A4 in the province of Verona)), Lithuania (except the municipalities of Babtai and Kėdainiai (region of Kaunas)), Slovenia (except the regions Gorenjska, Koroška, Maribor and Notranjska, and the communes of Lendava and Renče-Vogrsko (south from the highway H4)), Slovakia (except the county of Dunajská Streda, Hronovce and Hronské Kľačany (Levice County), Dvory nad Žitavou (Nové Zámky County), Málinec (Poltár County), Hrhov (Rožňava County), Veľké Ripňany (Topoľčany County), Kazimír, Luhyňa, Malý Horeš, Svätuše and Zatín (Trebišov County))
3.Xanthomonas arboricola pv. pruni (Smith) Vauterin et al.United Kingdom (until 30 April 2018)
01.Ceratocystis platani (J.M.Walter) Engelbr. & T.C.Harr.Ireland (until 30 April 2018), United Kingdom'
02.Cryphonectria parasitica (Murrill) Barr.Czech Republic, Ireland, Sweden, United Kingdom
1.Glomerella gossypii EdgertonGreece
2.Gremmeniella abietina MoreletIreland, United Kingdom (Northern Ireland)
3.Hypoxylon mammatum (Wahlenberg) J. MillerIreland, United Kingdom (Northern Ireland)
1.Beet necrotic yellow vein virusIreland, France (Brittany), Portugal (Azores), Finland, United Kingdom (Northern Ireland)
2.Tomato spotted wilt virusSweden
3.Citrus tristeza virus (European strains)Greece (except the Regional Units of Argolida and Chania), Malta, Portugal (except Algarve, Madeira and the county of Odemira in Alentejo)
4.Grapevine flavescence dorée MLOCzech Republic, France (Alsace, Champagne-Ardenne, Picardie (département de l'Aisne), Ile de France (communes de Citry, Nanteuil-sur-Marne and Saâcy-sur-Marne) and Lorraine)), Italy (Apúlia, Sardinia and Basilicata)
ANNEX IIPART A
Repealed Directive with list of its successive amendments(referred to in Article 2)
Commission Directive 2001/32/EC(OJ L 127, 9.5.2001, p. 38)
Directive 2002/29/EC(OJ L 77, 20.3.2002, p. 26)
Directive 2003/21/EC(OJ L 78, 25.3.2003, p. 8)
Directive 2003/46/EC(OJ L 138, 5.6.2003, p. 45)
2003 Act of Accession(OJ L 236, 23.9.2003)Article 20 and Annex II, p. 443
Directive 2004/32/EC(OJ L 85, 23.3.2004, p. 24)
Decision 2004/522/EC(OJ L 228, 29.6.2004, p. 18)
Directive 2005/18/EC(OJ L 57, 3.3.2005, p. 25)
Directive 2006/36/EC(OJ L 88, 25.3.2006, p. 13)
Directive 2007/40/EC(OJ L 169, 29.6.2007, p. 49)
PART B
List of time-limits for transposition into national law and application(referred to in Article 2)
DirectiveTime-limit for transpositionDate of application
2001/32/EC21 May 200122 May 2001
2002/29/EC31 March 20021 April 2002
2003/21/EC31 March 20031 April 2003
2003/46/EC15 June 200316 June 2003
2004/32/EC20 April 200421 April 2004
2005/18/EC14 May 200515 May 2005
2006/36/EC30 April 20061 May 2006
2007/40/EC31 October 20071 November 2007
ANNEX III
Correlation table
Directive 2001/32/ECThis Regulation
Article 1Article 1
Article 3—
—Article 2
Article 4—
Article 5 first paragraphArticle 3 first paragraph
Article 5 second paragraph—
—Article 3 second paragraph
Article 6—
Annex, point (a), 1, 2 and 3Annex I, point (a), 1, 2 and 3
Annex, point (a), 3.1Annex I, point (a), 3.1
Annex, point (a), 4 to 15Annex I, point (a), 4 to 15
Annex, point (a), 16—
Annex, point (b), 1Annex I, point (b), 1
Annex, point (b), 2, first indentAnnex I, point (b), 2, first indent
—Annex I, point (b), 2, second indent
Annex, point (b), 2, second indent—
—Annex I, point (b), 2, third indent
Annex, point (c), 01Annex I, point (c), 01
Annex, point (c), 1 to 3Annex I, point (c), 1 to 3
Annex, point (d), 1 to 4Annex I, point (d), 1 to 4
—Annex II
—Annex III