S.L. 433.3 Art. 4GAuthorisation to derogate, Commission Decision 2001/ 218/EC as

(1) In this regulation:

(a) "the pine wood nematode (PWN)" means Bursaphelenchus (Steiner et Buhrer) Nickle et al., xylophilus

(b) "susceptible wood and bark" means wood and isolated bark of conifers (Coniferales), except that of Thuja L.;

(c) "susceptible plants" means plants (other than fruit and seeds) of Mill., Trew, Mill., A. Abies Cedrus Larix Picea Dietr., Pinus L., Pseudotsuga Carr. and Tsuga Carr.

(2) The Director may -

(a) subject consignments of susceptible wood, and bark and of susceptible plants coming from demarcated areas in Portugal and moved into Malta to testing for the presence of PWN;

(b) take further appropriate steps to carry out official monitoring in respect of such consignments, to ascertain whether they comply with the relevant conditions specified in Schedule XIX.

(3) Malta shall conduct official annual surveys for PWN, on susceptible wood and bark and susceptible plants originating in their country, to determine whether there is any evidence of infestation by PWN. Without prejudice to the provisions of Article 16(1) of Directive 2000/29/EC where the results of the surveys provided for in the first paragraph indicate the occurrence of the PWN in areas where it was previously unknown, the results of such surveys shall be notified to the other Member States and the Commission by 15 November 2003 and 15 November 2004 respectively.

(4) The Commission shall compile a list of areas in which PWN is known not to occur and convey such a list to the Standing Committee on Plant Health and to the Member States. Any areas in Portugal not comprised in the above compiled list, shall be deemed to be demarcated areas. The list of the areas referred to in the first sentence of the second paragraph shall be adjusted by the Commission according to the results of the survey referred to in the second paragraph of Article 4 and to the findings notified under Article 16(1) of Directive 2000/29/EC.