S.L. 433.3 Art. 4NEmergency Measuresissuedin terms of Commission Implementing Decision 2012/ 138/EU,

(1) For the purpose of this regulation the following definitions shall apply:

"place of production" means the place of production as defined in the

FAO International Standard for Phytosanitary Measures (hereinafter

"ISPM") No 5;

"specified organism" means Anoplophora chinensis (Forster);

"specified plants" means plants for planting that have a stem or root collar diameter of 1 cm or more at their thickest point, other than seeds, of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., spp., spp., spp., spp., spp., Carpinus Citrus Cornus Corylus Cotoneaster spp., spp., Lagerstroemia spp., Malus spp., Crataegus Fagus Platanus spp., Populus spp., Prunus laurocerasus, Pyrus spp., Rosa spp., Salix spp. and spp.. Ulmus

(2) As regards imports originating in third countries where the specified organism 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 item 1 of Section 1A of Annex I to Commission Implementing Decision 2012/138/EU; and

(b) on entry into the Union they are inspected by an Inspector of the Directorate in accordance with item 2 of Section 1(A) of Annex I to Commission Implementing Decision 2012/ 138/EU for the presence of the specified organism, and no signs of that organism have been found.

(3) As regards imports originating in 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 item 1 of Section 1(B) of Annex I to Commission Implementing Decision 2012/138/EU;

(b) on entry into the Union they are inspected by an inspector of the Directorate in accordance with item 2 of Section 1(B) of Annex I to Commission Implementing Decision 2012/ 138/EU for the presence of the specified organism, and no signs of that organism have been found; and

(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 State in accordance with sub-regulation (5);

(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 sub-regulation (5); 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 sub-regulation (6) and (7).

(4) 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 item 1(b) of Section 1(B) of Annex I to Commission Implementing Decision 2012/138/EU:

Provided that where that organisation updates the register by removing a place of production either because that organisation has found that that place of production no longer complies with item 1(b) of Section 1(B) of Annex I to Commission Implementing Decision 2012/138/EU or because the Commission has informed China of evidence of the presence of the specified organism at import of specified plants from that place 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:

Provided further that where that organisation updates the register by including a place of production because that organisation has found that that place of production complies with item 1(b) of Section 1 (B) of Annex I to Commission Implementing Decision 2012/ 138/EU 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:

Provided further that through internet based information pages, the Commission shall make the register and its updates available to the public.

(5) Where during an inspection at a registered place of production, as set out in sub-paragraphs (ii), (iii) and (iv) of item 1(b) of Section 1

(B) of Annex I to Commission Implementing Decision 2012/138/EU, the Chinese plant protection organisation finds evidence of the presence of the specified organism and the Commission is notified of that finding by China, the Commission shall immediately communicate that finding to the Member States:

Provided that through internet based information pages, the Commission shall also make this information available to the public.

(6) Where the Commission has evidence from sources other than those referred to in sub-regulations (4) and (5) that a place of production listed in the register does not comply with item 1(b) of Section 1(B) of Annex I to Commission Implementing Decision 2012/138/EU or that the specified organism 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: Provided that through internet based information pages, the Commission shall also make this information available to the public.

(7) Specified plants originating in demarcated areas within the Union established in accordance with Article 6 of Commission Implementing Decision 2012/ 138/EU may be moved within the Union only if they meet the conditions set out in item 1 of Section 2 of Annex I to Commission Implementing Decision 2012/ 138/EU:

Provided that specified plants which have not been grown in demarcated areas but are introduced into such areas may be moved within the Union only if they meet the conditions set out in item 2 of Section 2 of Annex I to Commission Implementing Decision 2012/138/ EU: Provided further that specified plants imported in accordance with sub-regulation (2) and (3) from third countries where the specified organism is known to be present may be moved within the Union only if they meet the conditions set out in item 3 of Section 2 of Annex I to Commission Implementing Decision 2012/138/EU.