2.3.2004 Official Journal of the European Union L 64/43 COMMISSION DECISION of 27 February 2004 on measures to prevent the introduction into and the spread within the Community of Pepino mosaic virus (notified under document number C(2004) 581) (2004/200/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, (6)  The measures set out in this Decision should apply to Having regard to the Treaty establishing the European Community, Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Com- munity of organisms harmful to plants or plant products and against their spread within the Community (), and in particular the third sentence of Article 16(3) thereof, Whereas: (1) In late 1999 and early 2000, Germany, France, the Neth- erlands and the United Kingdom, informed the other Member States and the Commission of outbreaks of Pepino mosaic virus on tomato crops in their countries and of the measures taken to control it. (2) By Commission Decision 2003/64/EC (3), the Member States were provisionally required to take measures against the introduction into and the spread within the Community of Pepino mosaic virus. That Decision has ceased to apply on 31 January 2004. (3)  Pepino mosaic virus is currently not listed in Annex I or Annex II to Directive 2000/29/EC. However, a preli- minary pest risk analysis carried out by several Member States based on available scientific information has demonstrated that Pepino mosaic virus and its damaging effects could be of significant plant health concern to the Community, in particular for protected tomato produc- tion. The scientific work performed on the Pepino mosaic virus has still not yet provided sufficient clarifica- tion to revise that preliminary pest risk analysis, although more information has become available in par- ticular as regards the damage by Pepino mosaic virus on tomato plants intended for planting. (4)  Accordingly, as Decision 2003/64/EC has expired, it is necessary to provide for provisional measures against Pepino mosaic virus. (5)  As a result of official surveys carried out under Decision 2003/64[EC, and based on recent information on the damage caused by Pepino mosaic virus, the role of tomato seed as a significant source of infection is now ascertained. (") OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commis- sion Directive 2003/116/EC (OJ L 321, 6.12.2003, p. 36). () OJ L 24, 29.1.2003, p. 15. the introduction or the spread within the Community of Pepino mosaic virus, the inspection of seeds of tomato originating in third countries and the movement of seeds of tomato. They should also include more general monitoring for the presence of Pepino mosaic virus in the Member States. (7) It is appropriate that the results of such measures be continually assessed, and possible subsequent measures be considered in the light of the results of that assess- ment. The subsequent measures should also take into account the information to be provided and the scientific opinion to be delivered by the Member States. (8)  The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health, HAS ADOPTED THIS DECISION: Atrticle 1 The introduction into and movement within the Community of seeds of tomato, Lycopersicon lycopersicum (L.) Karsten ex Farw., contaminated by Pepino mosaic virus shall be prohibited. Atticle 2 Seeds of tomato originating in third countries may only be imported into the Community if they meet the conditions laid down in point 1 of the Annex. They shall be inspected, and tested when appropriate, on entry into the Community for the presence of Pepino mosaic virus, in accordance with Article 13(1)(i) of Directive 2000/29/EC, mutatis mutandis. Atticle 3 1. Seeds of tomato, originating in the Community, may only be moved within the Community if they meet the conditions laid down in point 2 of the Annex.