Commission Implementing Regulation (EU) 2020/1201 of 14 August 2020 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.)

CHAPTER I

DEFINITIONS

Article 1

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(a) ‘specified pest’ means Xylella fastidiosa (Wells et al.) and any of its subspecies;

(b) ‘host plants’ means all plants for planting, other than seeds, belonging to the genera or species listed in Annex I;

(c) ‘specified plants’ means host plants for planting, other than seeds, belonging to the genera or species listed in Annex II and known to be susceptible to the specific subspecies of the specified pest;

(d) ‘vector’ means Cicadomorpha insects known to transmit the specified pest to plants, or any other insect suspected of transmitting the specified pest to plants.

CHAPTER II

ANNUAL SURVEYS FOR THE PRESENCE OF THE SPECIFIED PEST AND CONTINGENCY PLANS

Article 2

Surveys of the specified pest in the territories of the Member States

In those Member States where the specified pest cannot become established in open air due to the ecoclimatic conditions, surveys shall be carried out only in locations, other than in open air, where host plants are grown and are likely to pose a risk for spread of the specified pest to the Union territory.

Article 3

Contingency plans

Each Member State shall establish a contingency plan. That contingency plan shall set out the actions to be taken in its territory concerning:

(a) the eradication of the specified pest, as set out in Articles 7 to 11;

(b) the movements of specified plants within the Union, as set out in Articles 19 to 26;

(c) the official checks to be carried out on movements of specified plants within the Union and of host plants into the Union, as set out in Articles 32 and 33.

Each Member State shall update its contingency plan, as appropriate, by 31 December of each year. Contingency plans established under Implementing Decision (EU) 2015/789 shall be updated by 31 December 2020.

In addition to the elements referred to in Article 25(2) of Regulation (EU) 2016/2031, the contingency plan shall include all of the following elements:

(a) the minimum resources to be made available and the procedures for making those additional resources available in case of a confirmed or suspected presence of the specified pest;

(b) rules detailing the procedures for identifying the owners of the plants to be removed, for notifying the order of removal and for accessing private properties.

CHAPTER III

DEMARCATED AREAS

Article 4

Establishment of demarcated areas

Where only the presence of one or more particular subspecies of the specified pest is confirmed, the Member State concerned may demarcate an area with regard to those subspecies only.

Where the confirmation of the presence of a subspecies is pending, the Member State concerned shall demarcate that area with regard to the specified pest and all of its possible subspecies.

The infected zone shall have a radius of at least 50 m around the plant found infected by the specified pest.

The buffer zone shall be of the following width:

(a) at least 2,5 km in the case of an infected zone established for the purpose of taking the eradication measures referred to in Articles 7 to 11;

(b) at least 5 km in the case of an infected zone established for the purpose of taking the containment measures referred to in Articles 12 to 17.

Article 5

Derogations for the establishment of demarcated areas

By way of derogation from Article 4, the buffer zone surrounding the infected zone established for the purpose of eradication may be reduced to a width of no less than 1 km, where there is a high degree of confidence that the initial presence of the specified pest did not result in its spread and where all of the following conditions have been fulfilled:

(a) all specified plants located in the infected zone, irrespective of their health status, have been immediately sampled and removed;

(b) no other plants have been found infected by the specified pest in the infected zone since the eradication measures have been taken, on the basis of official tests carried out at least once during the course of the year, taking into account the Authority’s Pest Survey Card on Xylella fastidiosa;

(c) a survey has been carried out at least once during the first year following the identification of the specified pest in a zone with a width of at least 2,5 km surrounding the infected zone, which shows that the specified pest has not been found present in that zone. The Member State concerned shall sample and test the host plants located in that zone. For that purpose, and taking into account the Authority’s Guidelines for statistically sound and risk-based surveys of Xylella fastidiosa, the survey design and sampling scheme shall be able to identify with at least 90 % confidence a level of presence of infected plants of 1 %, taking into account that the first 400 m surrounding the infected plants has a higher risk compared to the other part of that area;

(d) no vectors carrying the specified pest have been detected in the infected zone and its immediate vicinity since the eradication measures have been taken, on the basis of tests carried out twice during the flight season of the vector, and in accordance with International Standards for Phytosanitary Measures. Those tests shall lead to the conclusion that the natural spread of the specified pest is excluded.

By way of derogation from Article 4, the Member State concerned may decide not to establish a demarcated area immediately, where all of the following conditions are fulfilled:

(a) there is evidence that the specified pest was recently introduced into the area with the plants on which it was found, or that the specified pest has been found in a site with physical protection from the vectors of that pest;

(b) the results of inspection activities indicate that those plants were infected before their introduction into the area concerned;

(c) no vectors carrying the specified pest have been detected, on the basis of tests carried out in the vicinity of those plants.

In the case referred to in paragraph 3, the Member State concerned shall:

(a) carry out, in the area where the presence of the specified pest was first confirmed, an annual survey for at least 1 year to determine whether any other plants have been infected and whether any further measures should be taken;

(b) notify to the Commission and the other Member States the justification for not establishing a demarcated area, and the outcome of the survey referred to in point (a) as soon as it becomes available.

The survey referred to in point (a) of the first subparagraph shall consist in the collection of samples for testing using one of the molecular tests listed in Annex IV. The survey design and sampling scheme shall enable the identification with at least 90 % confidence a level of presence of 1 % of infected plants.

Article 6

Lifting of the demarcated areas

By way of derogation from paragraph 1, in the case where the Member State concerned has reduced the buffer zone to a width of no less than 1 km in accordance with Article 5(1), the Member State may lift the demarcated area after 12 months since its initial establishment, where both of the following conditions are fulfilled:

(a) as a result of the measures taken pursuant to Article 5(1), it is concluded with a high degree of confidence that the initial presence of the specified pest was an isolated case and no further spread occurred in the respective demarcated area;

(b) as practically close to the time of lifting, official tests have been carried out within the demarcated area, taking into account the Authority’s Pest Survey Card on Xylella fastidiosa. For that purpose, and taking into account the Authority’s Guidelines for statistically sound and risk-based surveys of Xylella fastidiosa, the survey design and sampling scheme shall be able to identify with at least 95 % confidence a level of presence of infected plants of 1 %.

CHAPTER IV

ERADICATION MEASURES

Article 7

Removal of plants

The Member State concerned shall immediately remove from the infected zone:

(a) plants known to be infected by the specified pest;

(b) plants showing symptoms indicating possible infection by that pest or suspected to be infected by that pest;

(c) plants which belong to the same species as that of the infected plant, regardless of their health status;

(d) plants of other species than that of the infected plant, which have been found infected in other parts of the demarcated area;

(e) specified plants, other than the ones referred to in points (c) and (d), which have not been immediately subject to sampling and molecular testing.

The specified plants referred to in the first subparagraph, point (e), which have been tested negative for the presence of the specified pest do not have to be removed.

By way of derogation from point (e), Member States may decide to not immediately sample and test those specified plants that have not been found infected by the specified pest in that demarcated area in the last 2 years, on the basis of the results of the sampling and testing carried out in line with point (e) and the surveys under Article 10. However, those plants shall be subjected to the annual surveys carried out in accordance with Article 10.

By way of derogation from points (b), (c) and (d) of paragraph 1, Member States may decide not to remove individual specified plants officially designated as plants with historic value or trees with a particular social, cultural or environmental value whose felling would have an unacceptable impact or are subject to specific national or Union rules for their protection, provided that all of the following conditions have been fulfilled:

(a) the specified plants concerned are subject to annual inspection, sampling and testing by one of the molecular tests listed in Annex IV and it is confirmed that they are not infected by the specified pest;

(b) the individual specified plants or the area concerned are subject to appropriate phytosanitary treatments against the vector population of the specified pest, in all its stages. Those treatments may include chemical, biological or mechanical methods, taking into account the local conditions.

Article 8

Measures against the vectors of the specified pest

The Member State concerned shall apply:

(a) in agricultural areas, in the infected zone and buffer zone, agricultural practices for the control of the vector population of the specified pest, in all its stages, at the most appropriate time of the year, regardless of the removal of the plants concerned;

(b) in areas other than agricultural areas, at least in the infected zones, measures for the control of the vector population of the specified pest, in all its stages, at the most appropriate time of the year, regardless of the removal of the plants concerned. The agricultural practices referred to in point (a) of the first subparagraph and measures referred to in point (b) of the first subparagraph shall include efficient chemical, biological or mechanical treatments against the vectors, as appropriate, taking into account the local conditions.

Article 9

Destruction of plants

Article 10

Annual surveillance of the demarcated area

In the entire demarcated area, the Member State concerned shall monitor, at the most appropriate times, the presence of the specified pest by annual surveys, in accordance with Article 2(5) and (6), and taking into account the information referred to in the Authority’s Pest Survey Card on Xylella fastidiosa.

In the infected zones, the Member State concerned shall sample and test the host plants, including the specified plants which have not been removed pursuant to Article 7(1). For that purpose, and taking into account the Authority’s Guidelines for statistically sound and risk-based surveys of Xylella fastidiosa, the survey design and sampling scheme shall be able to identify with at least 90 % confidence a level of presence of infected plants of 0,5 %.

In buffer zones, the Member State concerned shall sample and test the host plants, as well as other plants showing symptoms indicating possible infection or suspected to be infected by that pest. For that purpose, and taking into account the Authority’s Guidelines for statistically sound and risk-based surveys of Xylella fastidiosa, the survey design and sampling scheme shall be able to identify with at least 90 % confidence a level of presence of infected plants of 1 %, taking into account that the first 400 m surrounding the infected zones has a higher risk.

The Member State concerned shall also monitor the presence of the specified pest in the vectors located in the demarcated area in order to determine the risk of further spreading posed by vectors and to evaluate the effectiveness of the phytosanitary control measures applied in accordance with Article 8.

Article 11

Other relevant measures for the eradication of the specified pest

CHAPTER V

CONTAINMENT MEASURES

Article 12

General provisions

The competent authority of the Member State concerned may decide to apply the containment measures set out in Articles 13 to 17, instead of eradication measures, in an infected zone listed in Annex III.

Article 13

Removal of plants in an infected zone listed in Annex III

That removal shall take place immediately after the official identification of the presence of the specified pest or, if the specified pest is detected outside the flight season of the vector, that removal shall take place before the next flight season of the vector. All necessary precautions shall be taken to avoid spreading of the specified pest and its vectors during and after removal.

Article 14

Measures against the vectors of the specified pest in the infected zones listed in Annex III

Article 15

Annual surveillance of the infected zones listed in Annex III

The Member State concerned shall, at least in the parts of the infected zone referred to in paragraph 2, immediately sample and test, within a radius of 50 m around the plants which have been found to be infected by the specified pest, the following plants:

(a) all specified plants which belong to the species of the specified plants which have been found infected in the same demarcated area; and

(b) all other plants showing symptoms indicating possible infection by that pest or suspected to be infected by that pest.

The Member State concerned shall monitor, at the most appropriate times, the presence of the specified pest by annual surveys, taking into account the information referred to in the Authority’s Pest Survey Card on Xylella fastidiosa. That monitoring shall take place at least in the following parts of the infected zone listed in Annex III:

(a) within an area measuring at least 2 km from the border of the infected zone with the buffer zone;

(b) in the proximity of the sites of plants with particular cultural and social value located outside the area referred to in point (a) and designated accordingly by the Member State.

In those parts of the infected zone, the Member State concerned shall carry out sampling and testing of the species of host plants found infected in the demarcated area, in accordance with Article 2(6). For that purpose, taking into account the Authority’s Guidelines for statistically sound and risk-based surveys of Xylella fastidiosa, the survey design and sampling scheme shall be able to identify with at least 90 % confidence a level of presence of infected plants of 0,7 %. It shall also sample and test the vector population for the presence of the specified pest.

Article 16

Destruction of plants

Article 17

Other relevant measures for the containment of the specified pest

The Member State concerned shall take measures addressing any particularity or complication that could reasonably be expected to prevent, hinder or delay containment, in particular those related to the adequate destruction of all plants that are infected or suspected of infection, or to the accessibility of their location, public or private ownership or the person or entity responsible for them.

CHAPTER VI

PLANTING OF SPECIFIED PLANTS IN INFECTED ZONES

Article 18

Authorisation concerning the planting of specified plants in infected zones

The planting of specified plants in infected zones may only be authorised by the Member State concerned in one of the following cases:

(a) those specified plants are grown in insect-proof sites of production free from the specified pest and its vectors;

(b) those specified plants are planted or grafted in the infected zones listed in Annex III, but outside the area referred to in Article 15(2), point (a), and preferably belong to varieties assessed as being resistant or tolerant to the specified pest or belong to the same species of plants which have been tested and found free from the specified pest on the basis of surveys carried out in the infected zone at least in the past 2 years;

(c) those specified plants belong to the same species of plants which have been tested and found free from the specified pest on the basis of the survey activities carried out for at least the past two years in accordance with Article 10 and they are replanted in the infected zones established for the purpose of eradication;

(d) specified plants other than those referred to in point (b) may be planted for scientific purposes provided that they are planted outside of the areas referred to in Article 15(2), first subparagraph, point (a).

CHAPTER VII

MOVEMENT WITHIN THE UNION OF SPECIFIED PLANTS

Article 19

Movement out of a demarcated area, and from the respective infected zones into the buffer zones, of specified plants which have been grown in authorised production sites located in that demarcated area

The movement out of a demarcated area, and from the respective infected zones into the buffer zones, of specified plants which have been grown in a production site located in that demarcated area, may only be allowed where all of the following conditions are fulfilled:

(a) the specified plants have been grown during their entire production cycle in a site that has been authorised in accordance with Article 24 or have been present in such a site for at least 1 year;

(b) throughout the time of growth of the specified plants, neither the presence of the specified pest nor that of its vectors were found in the site;

(c) the specified plants are subject to phytosanitary treatments against the vector population, in all its stages, at appropriate times of the year to maintain freedom from vectors of the specified pest. Those treatments shall include, as appropriate, efficient chemical, biological or mechanical methods, taking into account the local conditions;

(d) the specified plants are transported through or within the demarcated area in closed containers or packaging, ensuring that infection with the specified pest or any of its vectors cannot occur;