Regulations, 2005

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,735, 4 ta’ Marzu, 2005

L.N. 55 of 2005

PLANT QUARANTINE ACT, 2001

( ACT NO. XVII of 2001)

Plant Quarantine (Harmful Organisms) (Amendment)(No. 2)

Regulations, 2005

IN exercise of the powers conferred by article 32 of the Plant

Quarantine Act, 2001, the Minister for Rural Affairs and the

Environment has made the following regulations>–

(1) The title of these regulations is the Plant Quarantine Title and scope.

(Harmful Organisms) (Amendment) (No. 2) Regulations, 2005 and they

shall be read and construed as one with the Plant Quarantine (Harmful

Organisms) Regulations, 2004, hereinafter referred to as “the principal L.N. 97 of 2004.

regulations”.

(2) The scope of these regulations is to transpose the

provisions found in European Commission Directive 2004#102#EC,

amending annexes II, III, IV and V to Commission Directive

2000#29#EC on protective measures against the introduction into the

Community of organisms harmful to plants or plant products and against

their spread within the Community>

Provided that Directive 2000#29 has been transposed under the

Plant Quarantine (Harmful Organisms) Regulations, of 2004.

Amends Schedule II to the principal regulations

(a) In Schedule II, Part A, Section I thereof, point (c) 4 shall be amended as follows

“4. Ceratocystis virescens (Davidson) Moreau

Plants of Acer saccharum Marsh., other than

fruit and seeds, originating in the USA and

Canada, wood of Acer saccharum Marsh.,

including wood which has not kept its natural

round surface, originating in the USA

and Canada”.

(b) In Part A, Section II, thereof, in point (c) 3, the text of the right hand column is

replaced by the following

“Plants of Castanea Mill and Quercus L., intended for planting, other than seeds”; and

(c) In Part B(c), the following point is added before point 1

Wood, excluding wood

CZ, DK, EL, (Crete, Lesvos)

“01 Cryphonectria parasitica

which is bark-free, and

IRL,S, UK (except the Isle of

(Murrill.) Barr.

isolated bark of Castanea

Man)”.

Mill.

Amends Schedules III and IV to the principal regulations

(a) In Schedule III to the principal regulations, Part A, point 4 shall be deleted.

(b) In Schedule IV to the principal regulations , Part A, Section I thereof, points 1.1, 1.2,

1.3, 1.4 and 1.5 are replaced by the following:-

“1.1. Whether or not listed among the CN codes

Official statement that the wood has undergone

in Annex V, Part B, wood of conifers

an appropriate

(Coniferales), except that of Thuja L., other than

(a) heat treatment to achieve a minimum core

in the form of

temperature of 56 °C for at least 30 minutes.

— chips, particles, sawdust, shavings, wood

There shall be evidence thereof by a mark “HT”

waste and scrap obtained in whole or part from

put on the wood or on any wrapping in

these conifers,

accordance with current usage, and on the

— wood packaging material, in the form of

certificates referred to in Article 13.1.(ii), or

packing cases, boxes, crates, drums and similar

packings, pallets, box pallets and other load

(b) fumigation to a specification approved in

boards, pallet collars, actually in use in the

accordance with the procedure laid down in

transport of objects of all kinds,

Article 18.2. There shall be evidence thereof by

— wood used to wedge or support non-wood

indicating on the certificates referred to in

cargo,

Article 13.1.(ii), the active ingredient, the

— wood of Libocedrus decurrens Torr. where

minimum wood temperature, the rate (g/m³) and

there is evidence that the wood has been

the exposure time (h), o r

processed or manufactured for pencils using heat

treatment to achieve a minimum temperature of

(c) chemical pressure impregnation with a

82 °C for a seven to eight-day period, but

product approved in accordance with the

including that which has not kept its natural

procedure laid down in Article 18.2. There shall

round surface, originating in Canada, China,

be evidence thereof certificates referred to in

Japan, the Republic of Korea, Mexico, Taiwan

Article 13.1(ii), the active ingredient, the pres-

and the USA, where Bursaphelenchus xylophilus

sure (psi or kPa) and the concentration (%).

is known to occur .

1.2. Whether or not listed among the CN codes

Official statement that the wood has undergone

in Annex V, Part B, wood of conifers

an appropriate

(Coniferales), except that of Thuja L., in the

(a) heat treatment to achieve a minimum core

form of

temperature of 56 °C for at least 30 minutes, the

— chips, particles, sawdust, shavings, wood

latter to be indicated on the certificates referred

waste and scrap obtained in whole or part from

to in Article 13.1.(ii),

these conifers, originating in Canada, China,

Japan, the Republic of Korea, Mexico, Taiwan

or

and the USA, where Bursaphelenchus xylophilus

(Steiner et Bührer) Nickle et al. is known to

(b) fumigation to a specification approved in

occur.

accordance with the procedure laid down in

Article 18.2. There shall be evidence thereof by

indicating on the certificates referred to in

Article 13.1.(ii), the active ingredient, the

minimum wood temperature, the rate (g/m³) and

the exposure time (h).

1.3. Whether or not listed among the CN codes

Official statement that the wood

in Annex V, Part B, wood of Thuja L., other than

in the form of

(a) is bark-free, or

— chips, particles, sawdust, shavings, wood

(b) has undergone kiln-drying to below 20 %

waste and scrap,

moisture content, expressed as a percentage of

— wood packaging material, in the form of

dry matter, achieved through an appropriate

packing cases, boxes, crates, drums and similar

time/temperature schedule. There shall be

packings, pallets, box pallets and other load

evidence thereof by a mark “kiln-dried” or “K.D.”

boards, pallet collars, actually in use in the

or another internationally recognised mark, put

transport of objects of all kinds,

on the wood or on any wrapping in accordance

— wood used to wedge or support non-wood

with current usage, or

cargo, originating in Canada, China, Japan, the

(c) has undergone an appropriate heat treatment

Republic of Korea, Mexico, Taiwan and the

to achieve a minimum core temperature of 56 °C

USA, where Bursaphelenchus xylophilus

for at least 30 minutes. There shall be evidence

(Steiner et Bührer) Nickle et al. is known to

thereof by a mark “HT” put on the wood or on

occur

any wrapping in accordance with current usage

and on the certificates referred to in Article

1.(ii), or

d) has undergone an appropriate fumigation to a

specification approved in accordance with the

procedure laid down in Article 18.2. There shall

be evidence thereof by indicating on the

certificates referred to in Article 13.1.(ii), the

active ingredient, the minimum wood

temperature, the rate (g/m³) and the exposure

time (h),or

(e) has undergone an appropriate chemical

pressure impregnation with a product approved

in accordance with the procedure laid down in

Article 18.2. There shall be evidence thereof by

indicating on the certificates referred to in

Article 13.1.(ii), the active ingredient, the

pressure (psi or kPa) and the concentration (%).

Official statement that the wood

1.4. Whether or not listed among the CN codes

(a) has been produced from debarked round

in Annex V, Part B, wood of Thuja L., in the

wood,

form of

or

— chips, particles, sawdust, shavings, wood

(b) has undergone kiln-drying to below 20 %

waste and scrap, originating in Canada, China,

moisture content, expressed as a percentage of

Japan, the Republic of Korea, Mexico, Taiwan

dry matter, achieved through an appropriate

and the USA, where Bursaphelenchus xylophilus

time/temperature schedule,

(Steiner et Bührer) Nickle et al. is known to

or

occur.

(c) has undergone an appropriate fumigation to a

specification approved in accordance with the

procedure laid down in Article 18.2. There shall

be evidence thereof by indicating on the

certificates referred to in Article 13.1.(ii), the

active ingredient, the minimum wood

temperature, the rate (g/m³) and the exposure

time (h),

or

(d) has undergone an appropriate heat treatment

to achieve a minimum core temperature of 56 °C

for at least 30 minutes, the latter to be indicated

on the certificates referred to in Article 13.1.(ii).

1.5. Whether or not listed among the CN codes

Official statement that the wood

in Annex V, Part B, wood of conifers

(a) originates in areas known to be free from

— Monochamus spp. (non-European)

(Coniferales), other than in the form of

— chips, particles, sawdust, shavings, wood

— Pissodes spp. (non-European)

— Scolytidae spp. (non-European)

waste and scrap obtained in whole or part from

these conifers,

The area shall be mentioned on the certificates

— wood packaging material in the form of

referred to in Article 13.1.(ii), under the rubric

“place of origin,” or

packing cases, boxes, crates, drums and similar

packings, pallets, box pallets and other load

boards, pallet collars, actually in use in the

(b) is bark-free and free from grub holes, caused

transport of objects of all kinds,

by the genus Monochamus spp. (non-European),

— wood used to wedge or support non-wood

defined for this purpose as those which are larger

cargo,

than 3mm across,

or

(c) has undergone kiln-drying to below 20 %

but including that which has not kept its natural

moisture content, expressed as a percentage of

round surface, originating in Russia, Kazakhstan

dry matter, achieved through an appropriate

and Turkey.

time/temperature schedule. There shall be

evidence thereof by a mark “kiln-dried” or “K.D”.

or another internationally recognised mark, put

on the wood or on any wrapping in accordance

with the current usage,

or

(d) has undergone an appropriate heat treatment

to achieve a minimum core temperature of 56 °C

for at least 30 minutes. There shall be evidence

thereof by a mark “HT” put on the wood or on

any wrapping in accordance with current usage,

and on the certificates referred to in Article

13.1.(ii),

or

(e) has undergone an appropriate fumigation to a

specification approved in accordance with the

procedure laid down in Article 18.2. There shall

be evidence thereof by indicating on the

certificates referred to in Article 13.1.(ii), the

active ingredient, the

minimum

wood

temperature, the rate (g/m³ ) and the exposure

time (h),

or

f) has undergone an appropriate chemical

pressure impregnation with a product approved

in accordance with the procedure laid down in

Article 18.2. There shall be evidence thereof by

indicating on the certificates referred to in

Article 13.1.(ii), the active ingredient, the

pressure (psi or kPa) and the concentration %.

1.6. Whether or not listed among the CN codes

Official statement that the wood

in Annex V, Part B, wood of conifers

(a) is bark-free and free from grub holes, caused

(Coniferales), other than in the form of

by the genus Monochamus spp. (non-European),

— chips, particles, sawdust, shavings, wood

defined for this purpose as those which are larger

waste and scrap obtained in whole or part from

than 3mm across,

these conifers,

or

— wood packaging material, in the form of

(b) has undergone kiln-drying to below 20 %

packing cases, boxes, crates, drums and similar

moisture content, expressed as a percentage of

packings, pallets, box pallets and other load

dry matter, achieved through an appropriate

boards, pallet collars, actually in use in the

time/temperature schedule. There shall be

evidence thereof by a mark “kiln-dried” or “K.D”

transport of objects of all kinds,

— wood used to wedge or support non-wood

or another internationally recognis ed mark, put

on the wood or on any wrapping in accordance

cargo,

with current usage,

but including that which has not kept its natural

or

round surface, originating in third countries,

(c) has undergone an appropriate fumigation to a

other than

specification approved in accordance with the

— Russia, Kazakhstan and Turkey,

procedure laid down in Article 18.2. There shall

— European countries,

be evidence thereof by indicating on the

— Canada, China, Japan, the Republic of Korea,

certificates referred to in Article 13.1.(ii), the

Mexico, Taiwan and the USA, where

active ingredient, the

minimum

wood

Bursaphelenchus xylophilus (Steiner et Bührer)

temperature, the rate (g/m³ ) and the exposure

Nickle et al. is known to occur.

time (h),

or

(d) has undergone an appropriate chemical

pressure impregnation with a product approved

in accordance with the procedure laid down in

Article 18.2. There shall be evidence thereof by

indicating on the certificates referred to in

Article 13.1.(ii), the active ingredient, the

pressure (psi or kPa) and the concentration (%),

or

(e) has undergone an appropriate he at treatment

to achieve a minimum core temperature of 56 °C

for at least 30 minutes. There shall be evidence

thereof by a mark “HT” put on the wood or on

any wrapping in accordance with current usage,

and on the certificates referred to in Article

13.1.(ii).

1.7. Whether or not listed among the CN codes

Official statement that the wood

listed in Annex V, Part B, wood in the form of

chips, particles, sawdust, shavings, wood waste

(a) originates in areas known to be free from

— Monochamus spp. (non-European)

and scrap obtained in whole or in part from

— Pissodes spp. (non-European)

conifers (Coniferales), originating in

— Russia, Kazakhstan and Turkey,

— Scolytidae spp. (non-European)

— non-European countries other than Canada,

The area shall be mentioned on the certificates

China, Japan, the Republic of Korea, Mexico,

referred to in Article 13.1.(ii), under the rubric

“place of origin,” or

Taiwan and the USA, where Bursaphelenchus

xylophilus (Steiner et Bührer) Nickle et al. is

known to occur.

(b) has been produced from debarked round

wood, or

(c) has undergone kiln-drying to below 20 %

moisture content, expressed as a percentage of

dry matter, achieved through an appropriate

time/temperature schedule, or

(d) has undergone an appropriate fumigation to a

specification approved in accordance with the

procedure laid down in Article 18.2. There shall

be evidence of the fumigation by indicating on

the certificates referred to in Article 13.1.(ii), the

active ingredient, the minimum wood

temperature, the rate (g/m³) and the exposure

time (h),

or

(e) has undergone an appropriate heat treatment

to achieve a minimum core temperature of 56

°C for at least 30 minutes, the latter to be

indicated on the certificates referred to in Article

13.1.(ii).”

(c) In Schedule IV, Part A, Section I thereof, a new point 2 is added

The wood packaging material shall

“2. Wood packaging material, in the form of

— be made from debarked round wood, and

packing cases, boxes, crates, drums and similar

— be subject to one of the approved measures as

packings, pallets, box pallets and other load

specified in Annex I to FAO International

boards, pallet collars, actually in use in the

Standard for Phytosanitary Measures No 15 on

transport of objects of all kinds, except raw

Guidelines for regulating wood packaging

wood of 6 mm thickness or less, and processed

material in international trade,

wood produced by glue, heat and pressure, or a

and

combination thereof, coming from third

countries, except Switzerland.

— display a mark with

(a) the two -letter ISO country code, a code

identifying the producer and the code identifying

the approved measure applied to the wood

packaging material in the mark as specified in

Annex II to FAO International Standard for

Phytosanitary Measures No 15 on Guidelines for

regulating wood pack aging material in

international trade. The letters “DB” shall be

added to the abbreviation of the approved

measure included in the said mark.

and

(b) in the case of wood packaging material

manufactured, repaired or recycled as of 1 March

2005, also the logo as specified in Annex II to

the said FAO Standard. However the

requirement is not applicable on a temporary

basis until 31 December 2007 in the case of

wood packaging material manufactured, repaired

or recycled before 28 February 2005.”;

(d)In Schedule IV, part A, Section I, point 2.1 is replaced by the following

“ 2.1. Wood of Acer saccharum Marsh., including

Official statement that the wood has undergone

kiln - drying to below 20 % mo isture content,

wood which has not kept its natural round

expressed as a percentage of dry matter,

surface, other than in the form of

achieved through an appropriate

— wood intended for the production of veneer

time/temperature schedule. There shall be

sheets,

evidence thereof by a mark “Kiln-dried” or “KD”

or another internationally recognised mark, put

- chips, particles, sawdust, shavings, wood

on the wood or on any wrapping in accordance

waste and scrap,

with current usage”.

- originating in the USA and Canada.

(e) In Schedule IV, part A , Section I thereof , point 2.2 is replaced by the following

“2.2. Wood of Acer saccharum Marsh.,

Official statement that the wood originates in

intended for the production of veneer sheets,

areas known to be free from Ceratocystis

originating in the USA and Canada.

virescens (Davidson) Moreau and is intended for

the production of veneer sheets”

(f) In Schedule IV, part A, Section I thereof, point 2.2 is replaced by the following

“3. Wood of Quercus L., other than in the form

Official statement that the wood

of

(a) is squared so as to remove entirely the

— chips, particles, sawdust, shavings, wood

rounded surface,

waste and scrap,

or

(b) is bark-free and the water content is less than

— casks, barrels, vats, tubs and other coopers’

20 % expressed as a percentage of the dry

products and parts thereof, of wood, including

matter,

staves where there is documented evidence that

or

the wood has been produced or manufactured

(c) is bark-free and has been disinfected by an

using heat treatment to achieve a minimum

appropriate hot-air or hot water treatment,

temperature of 176 °C for 20 minutes

or

but including wood which has not kept its

(d) if sawn, with or without residual bark

natural round surface, originating in the USA.

attached, has undergone kiln-drying to below

20% moisture content, expressed as a percentage

of dry matter, achieved through an appropriate

time/temperature schedule. There shall be

evidence thereof by a mark “Kiln -dried” or “KD”

or another internationally recognised mark, put

on the wood or on any wrapping in accordance

with current usage.” ;

(g) In Schedule IV, Part A, Section I, point 4, is deleted;

(h) In Schedule IV, Part A, Section I thereof, point 5 is replaced by the following

“Wood of Platanus L., except that in the form of

Official statement that the wood has undergone

chips, particles, sawdust, shavings, wood waste

kiln-drying to below 20 % moisture content,

and scrap, but including wood which has not

expressed as a percentage of dry matter,

kept its natural round surface, originating in the

achievedthrough an appropriate time/temperature

USA or Armenia.

schedule. There shall be evidence thereof by a

mark “kiln-dried” or “KD” or another

internationally recognised mark, put on the wood

or on any wrapping in accordance with current

usage”

(i) In Schedule IV, Part A, Section I thereof, point 6 is replaced by the following

Official statement that the wood

“Wood of Populus L., except that in the form of

— is bark-free

chips, particles, sawdust, shavings, wood waste

or

and scrap, but including wood which has not

— has undergone kiln-drying to below 20%

kept its natural round surface, originating in

moisture content, expressed as a percentage of

countries of the American continent.

dry matter, achieved through an appropriate

time/temperature schedule. There shall be

evidence thereof by a mark “kiln-dried” or “KD”

or another internationally recognised mark, put

on the wood or on any wrapping in accordance

with current usage.”

(j) In Schedule IV, Part A, Section I thereof, point 7, is replaced by the following

‘7.1. Whether or not listed among the CN codes

Official statement that the wood

in Annex V, Part B, wood in the form of chips,

(a) has been produced from debarked round

particles, sawdust, shavings, wood waste and

wood, or

scrap and obtained in whole or in part from

(b) has undergone kiln-drying to below 20 %

moisture content, expressed as a percentage of

— Acer saccharum Marsh., originating in the

dry matter achieved through an appropriate

USA and Canada,

time/temperature schedule, or

(c) has undergone an appropriate fumigation to a

— Platanus L., originating in the USA or

Armenia,

specification approved in accordance with the

— Populus L., originating in the American

procedure laid down in Article 18.2. There shall

be evidence of the fumigation by indicating on

continent.

the certificates referred to in Article 13.1.(ii), the

active ingredient, the

minimum

temperature, the rate (g/m³ ) and the exposure

time (h), or

(d) has undergone an appropriate heat treatment

to achieve a minimum core temperature of 56 °C

for at least 30 minutes, the latter to be indicated

on the certificates referred to in Article 13.1.(ii).

7.2. Whether or not listed among the CN codes

Official statement that the wood

in Annex V, Part B, wood in the form of chips,

(a) has undergone kiln-drying to below 20 %

particles, sawdust, shavings, wood waste and

moisture content, expressed as a percentage of

scrap and obtained in whole or part from

dry matter achieved through an appropriate

Quercus L. originating in the USA.

time/temperature schedule,

or

(b) has undergone an appropriate fumigation to a

specification approved in accordance with the

procedure laid down in Article 18.2. There shall

be evidence of the fumigation by indicating on

the certificates referred to in Article 13.1.(ii), the

active ingredient, the minimum wood

temperature, the rate (g/m³) and the exposure

time (h),

or

(c) has undergone an appropriate heat treatment

to achieve a minimu m core temperature of 56 °C

for at least 30 minutes, the latter to be indicated

on the certificates referred to in 13.1.(ii).”

(k) In Schedule IV, Part A, Section I, a new point 7.3 is added

‘7.3. Isolated bark of conifers (Coniferales),

Official statement that the isolated bark

originating in non-European countries

(a) has been subjected to an appropriate

fumigation with a fumigant approved in

accordance with the procedure laid down in

Article 18.2. There shall be evidence thereof by

indicating on the certificates referred to in

Article 13.1.(ii), the active ingredient, the

minimum bark temperature, the rate (g/m³) and

the exposure time (h),

or

(b) has undergone an appropriate heat treatment

to achieve the minimum temperature of 56 °C for

at least 30 minutes, the latter to be indicated on

the certificates referred to in Article 13.1.(ii).”

(l) In Schedule IV, part A, Section I thereof, a new point 8 is added

“8. Wood used to wedge or support non-wood

The wood shall

cargo, including that which has not kept its

(a) be made from debarked round

wood and

natural round surface, except raw wood of 6mm

thickness or less and processed wood produced

— be subject to one of the approved

by glue, heat and pressure, or a combination

thereof, coming from third countries, except

measures as specified in Annex I to FAO

Switzerland.

International Standard for Phytosanitary

Measures No 15 on Guidelines for

regulating wood packaging material in

international trade, and

— display a mark with at least the two-letter ISO

country code, a code identifying the producer

and the code identifying the approved measure

applied to the wood packaging material in the

mark as specified in Annex II to FAO

International Standard

for

Phytosanitary

Measures No 15 on Guidelines for regulating

wood packaging material in international trade.

The letters “DB” shall be added to the

abbreviation of the approved measure included

in the said mark.

or on a temporary basis until 31 December 2007

b) be made from bark-free wood that is free from

pests and signs of live pests.”

(m) In Schedule IV, Part A, Section I thereof, point 11.1., is replaced by the following

“11.01. Plants of Quercus L., other than fruit and

Without prejudice to the provisions applicable to

seeds, originating in the USA

the plants listed in Annex III (A)(2), official

statement that the plants originate in areas known

to be free from Ceratocystis fagacearum (Bretz)

Hunt.

11.1. Plants of Castanea Mill. and Quercus L.,

Without prejudice to the provisions applicable to

other than fruit and seeds, originating in non-

plants listed in Annex III(A) (2) and IV(A) (I)

European countries

(11.01.) , official statement that no symptoms of

Cronartium spp. (non-European) have been

observed at the place of production or its

immediate vicinity since the beginning of the last

complete cycle of vegetation.”

(n) In Schedule IV, Part A, Section I thereof, point 12, the text in the left hand column is

replaced by the following

‘12. Plants of Platanus L., intended for planting, other than seeds, originating in the USA or Armenia.’ ;

(o) In Schedule IV, Part A, Section II thereof, points 1 and 3 are deleted;

(p) In Schedule IV, Part B thereof, a new point 6.3. is added

“6.3. Wood of Castanea Mill.

(a) The wood shall be bark-

CZ, DK, EL, (Crete, Lesvos)

free

IRL, S, UK (except the Isle

or

of Man)” ;

(b) Official statement that

the wood

(i) originates in areas known

to

be

free

from

Cryphonectria

parasitica

(Murrill.) Barr. o r

(ii) has undergone kiln-

drying to below 20 %

moisture content, expressed

as a percentage of dry matter,

achieved

through

an

appropriate time/temperature

schedule. There shall be

evidence thereof by a mark

“Kiln -dried” or “KD” or

another

internationally

recognised mark, put on the

wood or on any wrapping in

accordance with current

usage.

(q) In Schedule IV, Part B thereof, point 14.1, the words ‘without prejudice to the

prohibitions applicable to the bark listed in Annex III(a)(4)’ in the middle column are

deleted.

(r) In Schedule IV, Part B thereof, points 14.2, 14.3, 14.4, 14.5 and 14.6 the words

“Annex III(A)(4),” in the middle column are deleted.

(s) In Schedule IV, Part B, a new point 14.9. is added

“14.9. Isolated bark of

Official statement that the

CZ, DK, EL, (Crete, Lesvos)

Castanea Mill.

isolated bark

IRL, S, UK (except the Isle

(a) originates in areas known

of Man)”.

to

be

free

from

Cryphonectria

parasitica

(Murrill.) Barr.

or

(b) has been subjected to

fumigation

or

other

appropriate treatment against

Cryphonectria

parasitica

(Murrill.)

Barr.

to

a

specification approved in

accordance

with

the

procedure laid down in

Article 18.2. There shall be

evidence of the fumigation by

indicating on the certificates

referred

to

in

Article

13.1..(ii),

the

active

ingredient, the minimum bark

temperature, the rate (g/m³)

and the exposure time (h)

Amends Schedule V to the principal regulations.

4. Schedule V to the principal regulations shall be amended as follows:-

(a)Schedule V, Part A, Section I thereof , shall be amended as follows

(i) Point 1.7. is replaced by the following

‘1.7. Wood within the meaning of the first subparagraph of Article 2(2), where it

(a) has been obtained in whole or part from Platanus L., including wood which has not kept its

natural round surface;

(b) meets one of the following descriptions laid down in Annex I, Part two to Council Regulation (EEC) No

2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff 1

Description

Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms

Non-coniferous wood, in chips or particles

Wood waste and scrap (other than sawdust), not agglomerated in logs, briquettes,

pellets or similar forms

Wood in the rough, treated with paint, stains, creosote or other preservatives, not

stripped of bark or sapwood, or roughly squared

Non-coniferous wood (other than tropical wood specified in subheading note 1 to

Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), in the

rough, whether or not stripped of bark or sapwood, or roughly squared, not treated with

paint, stains, creosote or other preservatives

Non-coniferous split poles; piles, pickets and stakes of non-coniferous wood, pointed but

not sawn lengthwise

Non-coniferous wood (other than tropical wood specified in subheading note 1 to

Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), sawn

or chipped lengthwise, sliced or peeled, whether or not planed, sanded or endjointed , of a

thickness exceeding 6 mm.’

(ii) point 1.8. is deleted.

1) OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Commission Regulation (EC) No 1558/2004

(OJ L 283, 2.9.2004, p. 7).

(b) Schedule V, Part A, Section II thereof, shall be amended as follows

(i) point 1.10. is replaced by the following

“1.10. Wood within the meaning of the first subparagraph of Article 2(2), where it

(a) has been obtained in whole or part from

— conifers (Coniferales), excluding wood which is bark-free,

— Castanea Mill., excluding wood which is bark-free;

(b) meets one of the following descriptions laid down in Annex I, Part two to Council Regulation (EEC)

Description

Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms

Coniferous wood, in chips or particles

Non-coniferous wood, in chips or particles

Wood waste and scrap (other than sawdust), not agglomerated in logs, briquettes,

pellets or similar forms

Wood in the rough, treated with paint, stains, creosote or other preservatives, not

stripped of bark or sapwood, or roughly squared

Coniferous wood in the rough, not stripped of bark or sapwood, or roughly

squared, not treated with paint, stains, creosote or other preservatives

Non-coniferous wood (other than tropical wood specified in subheading note 1

to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), in

the rough, whether or not stripped of bark or sapwood, or roughly squared, not

treated with paint, stains, creosote or other preservatives

Split poles: piles, pickets and stakes of wood, pointed, but not sawn lengthwise

Railway or tramway sleepers (cross-ties) of wood

Coniferous wood, sawn or chipped lengthwise, sliced or peeled, whether or not

planed, sanded or end-jointed, of a thickness exceeding 6mm

Non-coniferous wood (other than tropical wood specified in subheading note 1

to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)),

sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or

end-jointed, of a thickness exceeding 6 mm.’

(ii) point 1.11. is replaced by the following

‘1 .11. Isolated bark of Castanea Mill, and conifers (Coniferales)’.

(c) In Part B, Section I thereof,

(i) in point 2,the third indent is replaced by the following

“— Acer saccharum Marsh., originating in the USA and Canada.”

(ii) point 5, the first indent is replaced by the following

“— conifers (Coniferales), originating in non-European countries.” ;

(iii) point 6, is replaced by the following

“6. Wood within the meaning of the first subparagraph of Article 2(2), where it

(a) has been obtained in whole or part from one of the order, genera or species as described hereafter,

except wood packaging material defined in Annex IV, Part A, Section I, Point 2

— Quercus L., including wood which has not kept its natural round surface, originating in the USA, except

wood which meets the description referred to in (b) of CN code 4416 00 00 and where there is documented

evidence that the wood has been processed or manufactured using a heat treatment to achieve a minimum

temperature of 176 °C for 20 minutes,

— Platanus, including wood which has not kept its natural round surface, originating in the USA or

Armenia,

— Populus L., including wood which has not kept its natural round surface, originating in countries of the

American continent,

— Acer saccharum Marsh., including wood which has not kept its natural round surface, originating in the

USA and Canada,

— Conifers (Coniferales), including wood which has not kept its natural round surface, originating in non-

European countries, Kazakhstan, Russia and Turkey;

and

(b) meets one of the following descriptions laid down in Annex I, Part two to Council Regulation (EEC) No

2658/87

Description

Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms

Coniferous wood, in chips or particles

Non-coniferous wood, in chips or particles

Sawdust

Other wood waste and scrap, not agglomerated in logs, briquettes, pellets or similar

forms

Wood in the rough, treated with paint, stains, creosote or other preservatives, not stripped of

bark or sapwood, or roughly squared

Coniferous wood in the rough, other than treated with paint, stains, creosote or other

preservatives, whether or not stripped of bark or sapwood, or roughly squared

Oak wood (Quercus spp.) in the rough, other than treated with paint, stains, creosote or

other preservatives, whether or not stripped of bark of sapwood, or roughly squared

Non-coniferous wood (other than tropical wood specified in subheading note 1 to

Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), in the

rough, whether or not stripped of bark or sapwood, or roughly squared, not treated

with paint, stains, creosote or other preservatives

Split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise

Railway or tramway sleepers (cross-ties) of wood

Coniferous wood, sawn or chipped lengthwise, sliced or peeled, whether or not planed,

sanded or end-jointed, of a thickness exc eeding 6mm

Oak wood (Quercus spp.), sawn or chipped lengthwise, sliced or peeled, whether or not

planed, sanded or end-jointed, of a thickness exceeding 6 mm

Non-coniferous wood (other than tropical wood specified in subheading note 1 to

Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), sawn

or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed,

of a thickness exceeding 6mm

Packing cases, boxes, crates, drums and similar packings, of wood; cable-drums of

wood; pallets, box pallets and other load boards, of wood; pallet collars of wood

Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood,

including staves

Prefabricated buildings of wood .”

(b) In Part B, Section II thereof,

(i) point 7, is replaced by the following

“7. Wood within the meaning of the first subparagraph of Article 2(2), where it

(a) has been obtained in whole or part from conifers (Coniferales), excluding wood which is bark-free

originating in European third countries, and Castanea Mill., excluding wood which is bark-free and

(b) meets one of the following descriptions laid down in Annex I, Part two to Council Regulation (EEC) No

Description

Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms

Coniferous wood, in chips or particles

Non-coniferous wood, in chips or particles

Wood waste and scrap (other than sawdust), not agglomerated in logs, briquettes, pellets or

similar forms

Wood in the rough, treated with paint, stains, creosote or other preservatives, not stripped of

bark or sapwood, or roughly squared

Coniferous wood in the rough, other than treated with paint, stains, creosote or other

preservatives, not stripped of bark or sapwood or roughly squared

Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44

or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), in the rough, whether or not

stripped of bark or sapwood, or roughly squared, not treated with paint, stains, creosote or

other preservatives

Split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise

Railway or tramway sleepers (cross-ties) of wood

Coniferous wood, sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded

or end-jointed, of a thickness exceeding 6mm

Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44

or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.), sawn or chipped lengthwise,

sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6mm

Packing cases, boxes, crates, drums and similar packings, of wood; cable-drums of

wood; pallets, box pallets and other load boards, of wood; pallet collars of wood

Prefabricated buildings of wood.”

(ii) In Schedule V, Part B, Section II, a new point 9 is added

“9. Isolated bark of conifers (Coniferales) originating in European third countries. ”