S.L. 433.3 чл. 4LEmergency Measures issued in terms of Commission Implementing Decision 2012/ 535/EU.

(1) For the purpose of this regulation:

"susceptible bark" means bark of conifers (Coniferales);

"susceptible plants" means plants (other than fruit and seeds) of

Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L.,

Pseudotsuga Carr. And Tsuga Carr.;

"susceptible wood" means wood of conifers (Coniferales), which falls under one of the following points:

(a) wood within the meaning of these regulations;

(b) wood which has not retained its round surface;

(c) wood in the form of beehives and bird nesting boxes, susceptible wood does not mean sawn wood and logs of Taxus L. and L., and wood which has undergone processing eliminating Thuja the risk of hosting the pinewood nematode (PWN);

"pinewood nematode (PWN)" means the harmful organism Bursaphelenchus xylophilus;

"flight season of the vector means the period from Monochamus" 1st April to 31st October, except where there is technical-scientific justification for a different duration of the flight season of the vector, taking into account a safety margin of four additional weeks at the beginning and at the end of the expected flight season;

"vector" means beetles belonging to the genus Monochamus Megerle in Dejean, 1821;

"wood packaging material" means wood or wood products used in supporting, protecting or carrying a commodity, in the form of packing cases, boxes, crates, drums and similar 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 or pressure or a combination thereof and packaging material entirely composed of wood of 6mm of thickness or less are excluded.

(2) The following are the conditions for movement of susceptible plants and susceptible wood and bark within the Union:

(a) susceptible plants and susceptible wood and bark shall only be moved from demarcated areas into areas other than demarcated areas and from infested zones into buffer zones, if the conditions, as set out in Section 1 of Schedule VII are fulfilled;

(b) susceptible plants and susceptible wood and bark shall only be moved within infested zones subject to eradication measures if the conditions, as set out in Section 2 of Schedule VII fulfilled;

(c) the Director may restrict the movement of susceptible plants and susceptible wood and bark within infested zones subject to containment measures.

(3) (a)The Directorate shall carry out frequent random checks on susceptible plants and susceptible wood and bark being moved from demarcated areas situated in Malta to areas other than demarcated areas and from infested zones situated in Malta to buffer zones.

(b) When deciding in a specific case where to carry out the checks, inspectors shall base their decision on the risk that the plants or wood and bark to be checked carry live PWN, taking into account the provenance of the consignments, the degree of susceptibility of the plants and wood and bark concerned, and past compliance with this regulation and Decision 2006/ 133/EC by the operator responsible for the movement.

(c) Checks of the susceptible plants and the susceptible wood and bark shall be carried out in the following places:

(i) at the points where they are moved from infested zones into buffer zones;

(ii) at the points where they are moved from buffer zones into non-demarcated areas;

(iii) at their place of destination in the buffer zone; and

(iv) at their place of origin in the infested zone, such as sawmills, from which they are moved out of the infested zone:

(d) The Directorate may decide to carry out checks additionally in other places than those referred to in paragraphs (a) to (d). These checks shall include a documentary check as regards the requirements laid down in Section 1 of Schedule VII, an identity check and, in the case of non-compliance or a suspicion of non-compliance with those requirements, a plant heath check which includes testing for the presence of PWN.

(4) The Directorate shall carry out random checks on the susceptible plants and susceptible wood and bark being moved from demarcated areas situated outside Malta into areas in Malta other than demarcated areas. These checks shall include a documentary check as regards the requirements laid down in Section 1 of Schedule VII, an identity check and a plant health check which includes testing for the presence of PWN.

(5) The Directorate shall, by 30 April of each year, communicate to the other Member States and the Commission the time and results of the checks referred to in sub-regulations (3) and (4) carried out during the preceding year. Where those checks show that PWN is present in susceptible plants or susceptible wood or bark, the Director shall immediately notify the Commission and the other Member States of the finding.

(6) Where the checks referred to in sub- regulations (3), (4) and

(5) show that Section 1 or 2 of Schedule VII is not complied with, the Directorate shall immediately subject the non-compliant material to one of the following measures:

(a) destruction;

(b) movement under official supervision to a treatment facility specifically authorised for this purpose, where it is subjected to a heat treatment to achieve a minimum temperature of 56˚C for at least 30 minutes throughout the susceptible wood and bark ensuring freedom from live PWN and live vectors;

(c) where the non-compliant material consists of wood packaging material actually in use in the transport of objects, and without prejudice to Schedule VII, return under official supervision to the place of dispatch, or a location nearby the location of interception, for repackaging of those objects and destruction of that wood packaging material, while avoiding any risk of spreading PWN.

(7) (a) in the case where a demarcated area is established in the Maltese Islands, the Director shall authorise treatment facilities adequately equipped to carry out one or more of the following tasks, as set out in Schedule VII:

(i) treatment of susceptible wood and bark, as set out in point 2(a) of Section 1 of Schedule VII point

(c) of the first sub-paragraph of point 2 of Section 2 of that Schedule;

(ii) issuing of plant passports referred to in regulation 10 for susceptible wood and bark treated by the treatment facility concerned in accordance with sub-paragraph (i), as set out in point 2(b) of Section 1 of Schedule VII and point (b) of the second sub-paragraph of item 2 of Section 2 of that Schedule;

(iii) treatment of wood packaging material, as set out in point 3(a) of Section 1 of Schedule VII and point 3 of Section 2 of that Schedule; and

(iv) marking in accordance with Annex II to the FAO International Standard for Phytosanitary Measures No 15, as set out in points 2(b) and 3(b) of Section 1 of Schedule VII and point 3 of Section 2 of that Schedule, of beehives, bird nesting boxes and wood packaging material treated by the treatment facility concerned in accordance with, respectively, sub-paragraphs

(i) and (iii). Those facilities are referred to hereinafter as "authorised treatment facilities".

(b) authorised treatment facilities shall ensure the traceability of the treated susceptible wood, bark and wood packaging material.

(8) (a) in the case where a demarcated area is established in the Maltese Islands, the Director shall authorise producers of wood packaging material, beehives and bird nesting boxes adequately equipped to mark, in accordance with Annex II to the FAO International Standard for Phytosanitary Measures No 15, the wood packaging material, beehives and bird nesting boxes they assemble from wood treated by an authorised treatment facility and accompanied by the plant passport referred to in regulation 10 to these regulations.

Those products are referred to hereinafter in this regulation as "authorised wood packaging material producers";

(b) authorised wood packaging material producers shall exclusively use wood from treatment facilities specifically authorised for this purpose and accompanied by the plant passport referred to in regulation 10 for the production of wood packaging material and shall ensure that the wood used for that purpose can be traced back to those treatment facilities.

(9) (a) The Directorate shall supervise the authorised treatment facilities and the authorised wood packaging material producers to ensure that they correctly perform their tasks, as set out in their authorisation.

(b) The Director shall ensure that that supervision is carried out by technically qualified personnel under the responsibility of the Directorate or by any other technically qualified persons acting under the supervision of the Directorate.

(10) (a) Where the Directorate becomes aware of the presence of PWN in susceptible wood, bark or wood packaging material treated by an authorised treatment facility, it shall immediately withdraw that authorisation. Where the Directorate becomes aware of the presence of PWN in susceptible wood packaging material marked by an authorised wood packaging material producer, it shall immediately withdraw that authorisation.

(b) Without prejudice to sub-regulation (1), where the Directorate becomes aware of he fact that an authorised treatment facility or an authorised wood packaging material producer does not correctly perform its tasks, as set out in its authorisation, it shall take the necessary measures to ensure that sub-regulations (7) and (8) are complied with.

(11) (a) The Directorate shall inform the Commission when a treatment facility is authorised in accordance with sub-regulation (7) or a wood packaging material producer in accordance with sub-regulation (8) and when they withdraw such an authorisation.

(b) The Commission shall establish a list of the authorised treatment facilities and authorised wood packaging material producers and shall transmit that list to the Member States. Part A of that list shall set out the authorised treatment facilities. Part B of that list shall set out the authorised wood packaging material producers. That list shall be updated on the basis of the information received from the Member States.