Commission Implementing Decision (EU) 2015/179 of 4 February 2015 authorising Member States to provide for a derogation from certain provisions of Council Directive 2000/29/EC in respect of wood packaging material of conifers (Coniferales) in the form of ammunition boxes originating in the United States of America under the control of the United States Department of Defence (notified under document C(2015) 445)

COMMISSION IMPLEMENTING DECISION (EU) 2015/179

of 4 February 2015

authorising Member States to provide for a derogation from certain provisions of Council Directive 2000/29/EC in respect of wood packaging material of conifers (Coniferales) in the form of ammunition boxes originating in the United States of America under the control of the United States Department of Defence

(notified under document C(2015) 445)

Article 1

Authorisation to provide for derogation

By way of derogation from Article 5(1) of Directive 2000/29/EC in conjunction with point 2 of Section I of Part A of Annex IV to that Directive, Member States may authorise the introduction into their territory of wood packaging material of conifers (Coniferales) in the form of boxes, actually in use in the transport of ammunition, which were manufactured on 31 August 2007 at the latest and originating in the United States of America under the control of the United States Department of Defence, hereinafter ‘the boxes’, which satisfy the conditions set out in the Annex to this Decision.

Article 2

Notification obligation

• (a)date of intended introduction;

• (b)an inventory of the consignment concerned identifying the boxes forming part of it;

• (c)name and address of importer;

• (d)point of entry of intended introduction;

• (e)address of the first place of storage, other than the point of entry.

Article 3

Checks by the responsible official bodies

The responsible official body of the Member State of the first place of storage, other than the point of entry, shall check compliance of a representative sample of each consignment with the following points of the Annex:

• (a)points (1) and (2) concerning the display of the respective marks;

• (b)point (4) concerning bark freedom;

• (c)point (5) concerning the moisture content level;

• (d)point (7) concerning the accompanying document.

Article 4

Storage and movement

In case the boxes are stored after the checks, as referred to in Article 3, at a place different from the place where those checks have been carried out, the person storing them shall notify the responsible official body as regards the place of storage as well as the quantities and identity of the boxes concerned.

Article 5

Notification of non-compliance

Member States shall notify the Commission and the other Member States of each consignment not complying with the conditions set out in the Annex.

That notification shall take place no later than three working days after the date when the responsible official body becomes aware of such a consignment.

Article 6

Reporting on imports

The Member State of the first place of storage, other than the point of entry, as referred to in Article 2(1), shall provide the Commission and the other Member States, by 31 January of each year, with information on the number of consignments introduced into their territories and a report on the checks referred to in Article 3 carried out between 1 January and 31 December of the preceding year.

Article 7

Expiry date

This Decision shall expire on  31 December 2020.

Article 8

Addressees

This Decision is addressed to the Member States.

ANNEX

CONDITIONS FOR THE BOXES AS REFERRED TO IN ARTICLE 1

The boxes referred to in Article 1 shall satisfy the following conditions:

• (1)They display a mark confirming that they have been manufactured on 31 August 2007 at the latest.

• (2)They display a mark indicating that they have been treated with a wood preservative approved by the Environmental Protection Agency of the United States of America.

• (3)In case the boxes have been repaired since 1 September 2007 the wood used, for that purpose, fulfils the conditions set out in point 2 of Section I of Part A of Annex IV to Directive 2000/29/EC.

• (4)The boxes are made of debarked wood, with the exception of any number of visually separate and clearly distinct small pieces of bark which comply with one of the following requirements:

• (a)they are less than 3 cm in width (regardless of the length); or

• (b)if they are greater than 3 cm in width, the total surface area of each individual piece of bark is less than 50 cm².

• (5)Their moisture content level is no more than 20 %.

• (6)They have always been stored in closed buildings and transported in closed containers, or under full protective cover.

• (7)They are accompanied by a document issued by the United States Department of Defence confirming compliance with the conditions set out in points (4), (5) and (6).