Commission Implementing Regulation (EU) 2022/2095 of 28 October 2022 establishing measures to prevent the introduction into, establishment and spread within the Union territory of Anoplophora chinensis (Forster) and repealing Decision 2012/138/EU

CHAPTER I

SUBJECT MATTER AND DEFINITIONS

Article 1

Subject matter

This Regulation sets out measures to prevent the introduction into, the establishment and spread within the Union territory of Anoplophora chinensis (Forster), and its eradication or containment if found present in that territory.

Article 2

Definitions

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

(1) ‘specified pest’ means Anoplophora chinensis (Forster);

(2) ‘specified plants’ means plants for planting that have a stem or root collar diameter of 1 cm or more at their thickest point, of Acer spp., Aesculus spp., Alnus spp., Betula spp., Carpinus spp., Citrus spp., Cornus spp., Corylus spp., Cotoneaster spp., Crataegus spp., Fagus spp., Lagerstroemia spp., Malus spp., Melia spp., Ostrya spp., Photinia spp., Platanus spp., Populus spp., Prunus laurocerasus, Pyrus spp., Rosa spp., Salix spp., Ulmus spp. and Vaccinium corymbosum;

(3) ‘place of production’ means a place of production as defined in the FAO International Standard for Phytosanitary Measures (‘ISPM’) No 5 (¹);

(4) ‘host plants’ means plants for planting, that have a stem or root collar diameter of 1 cm or more at their thickest point, of Acer spp., Aesculus spp., Alnus spp., Betula spp., Carpinus spp., Chaenomeles spp., Citrus spp., Cornus spp., Corylus spp., Cotoneaster spp., Crataegus spp., Cryptomeria spp., Fagus spp., Ficus spp., Hibiscus spp., Lagerstroemia spp., Malus spp., Melia spp., Morus spp., Ostrya spp., Parrotia spp., Photinia spp., Platanus spp., Populus spp., Prunus laurocerasus, Pyrus spp., Rosa spp., Salix spp., Ulmus spp. and Vaccinium corymbosum;

(5) ‘sentinel plants’ means specified plants specifically planted to support the early detection of the specified pest and used for surveillance;

(6) ‘demarcated area for containment’ means an area, where the specified pest cannot be eradicated, listed in Annex II.

CHAPTER II

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

Article 3

Surveys of the host plants in Member States

The design and sampling scheme of those surveys shall allow to detect, within the Member State concerned, with a sufficient level of confidence, a low level of presence of infested plants. The surveys shall be based on the European Food Safety Authority’s (‘Authority’) General guidelines for statistically sound and risk-based surveys for plant pests.

The surveys shall be carried out:

(a) on the basis of the level of the respective phytosanitary risk;

(b) in open air, as well as in nurseries, garden centres, trading centres, natural and urban areas and other relevant sites as appropriate;

(c) at appropriate times of the year with regard to the possibility to detect the specified pest, taking into account the biology of that pest, the presence and biology of host plants, and the scientific and technical information referred to in the Authority’s Pest Survey Card on Anoplophora chinensis (²).

The surveys shall consist of:

(a) visual examination of host plants; and

(b) where appropriate, collection of samples and testing of plants for planting.

In order to complement visual examinations specifically trained sniffer dogs may be used, where appropriate.

Article 4

Contingency plans

Each Member State shall, in addition to the obligations provided for in Article 25 of Regulation (EU) 2016/2031, establish a contingency plan setting out the actions to be taken in its territory concerning:

(a) the eradication of the specified pest, as set out in Article 8;

(b) the movements of specified plants within the Union territory, as set out in Article 10;

(c) the official inspections to be carried out on movements of specified plants within the Union territory and of host plants into the Union territory, as set out in Articles 10 and 11;

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

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

CHAPTER III

DEMARCATED AREAS

Article 5

Establishment of demarcated areas

Where the presence of the specified pest is officially confirmed, the Member State concerned shall without delay establish a demarcated area consisting of:

(a) a zone including the infested plants and all specified plants which are liable to become infested within a 100 m radius around infested plants (‘infested zone’);

(b) a buffer zone with a width of at least 2 km beyond the boundary of the infested zone.

The width of the buffer zone may be reduced to not less than 2 km, taking into account the circumstances of the outbreak, such as its size and location, the level of infestation or the number and distribution of host plants.

Article 6

Derogations from the establishment of demarcated areas

By way of derogation from Article 5, the competent authorities may choose not to establish a demarcated area if the following conditions are fulfilled:

(a) there is evidence that the specified pest has been introduced into the area with the plants on which it was found and those plants were infested before their introduction into the area concerned, or it is an isolated finding, not expected to lead to establishment; and

(b) it is ascertained that there is no establishment of the specified pest and the spread and successful breeding of the specified pest is not possible due to its biology, based on the results of a specific investigation and eradication measures taken.

Where the competent authority uses the derogation provided for in paragraph 1, it shall:

(a) immediately take measures to ensure the prompt eradication of the specified pest and to exclude the possibility of its spread;

(b) during at least one life cycle of the specified pest plus one additional year, and at least four consecutive years, survey a width of at least 1 km around the infested plants or the place where the specified pest was found, regularly and intensively at least during the first year and in accordance with Article 3; however that surveillance may not take place in the cases where the presence or emergence of adults of the specified pest in the plant, wood or wood packaging material can unequivocally be excluded and where the reasons for this conclusion have been communicated to the Commission in writing;

(c) destruct any infested plant material;

(d) trace back the origin of the infestation and the plants associated with the infestation as far as possible and examine those plants for any sign of infestation, including by targeted destructive sampling;

(e) raise public awareness of the threat of the specified pest; and

(f) take any other measure, which may help eradicate the specified pest, taking account of ISPM No 9 (³) and applying an integrated approach in accordance with the principles set out in ISPM No 14 (⁴).

Article 7

Lifting of demarcation

For the purposes of the first subparagraph, the exact length of the life cycle of the specified pest shall depend on evidence that is available for the area concerned or a similar climate zone.

CHAPTER IV

ERADICATION AND CONTAINMENT MEASURES

Article 8

Eradication measures

In the demarcated areas for eradication, the competent authorities shall take all of the following measures:

(a) immediate felling of infested plants and plants suspected to be infested, and complete removal of their roots;

(b) immediate felling of all specified plants and removal of their roots within a radius of 100 m around infested plants, and examination of those specified plants for any sign of infestation, except in cases where the infested plants were found outside the flying period of the specified pest, when the felling and removal shall be carried out in time before the start of the next flying period;

(c) removal, examination and safe disposal of plants felled in accordance with points (a) and (b) and of their roots, taking all necessary precautions to avoid spreading of the specified pest during and after felling;

(d) prohibition of any movement of potentially infested material out of the demarcated area;

(e) investigation of the origin of the infestation by the tracing of plants, as far as possible, and the examination of those plants for any sign of infestation, including targeted destructive sampling;

(f) replacement of specified plants by other non-susceptible plant species, where appropriate;

(g) prohibition of planting of new specified plants in the open air in the area referred to in point (b), except for the places of production referred to in Article 10(1);

(h) surveys carried out in accordance with Article 3(2) and (3), of the host plants in the demarcated area, with specific focus on the buffer zone, for the presence of the specified pest and including, where appropriate, targeted destructive sampling carried out by the competent authority and with an indication of the number of samples in the report referred to in Article 13(1);

(i) in the cases of sentinel plants, those plants shall be subject of inspections at least once a month and shall be destroyed and examined after two years at the latest;

(j) raising public awareness of the threat of the specified pest and the measures adopted to prevent its introduction into and spread within the Union territory, including the conditions regarding movement of specified plants from the demarcated area;

(k) where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay eradication, in particular those related to the accessibility and adequate eradication of all plants that are infested or suspected of infestation, irrespective of their location, public or private ownership or the person or entity responsible for them;

(l) any other measure which may contribute to the eradication of the specified pest, in accordance with International Standard for Phytosanitary Measure (‘ISPM’) No 9 (⁵) and to applying a systems approach in accordance with the principles set out in ISPM No 14 (⁶).

In the case of the first subparagraph, point (a), where it is not possible to remove deeply seated stumps and surface roots, they shall be ground to not less than 40 cm, below the surface level, or covered by insect-proof material.

The surveys referred to in paragraph (1), point (h), shall be intensified compared to the surveys referred to in Article 3.

The surveys in the buffer zone shall be based on the Authority’s General guidelines for statistically sound and risk-based surveys for plant pests, and the survey design and sampling scheme used in the buffer zone shall be able to identify with at least 95% of confidence, a level of presence of infested plants of 1 %. However, within the width of at least 1 km around the places of production of the host plants, the survey design and sampling scheme used shall be able to identify with at least 99 % confidence level, a level of presence of infested plants of 1 %.

The reasons for such conclusion and the measures taken as a result of it shall be communicated to the Commission in the report under Article 13.

Article 9

Containment measures

In the demarcated areas for containment, the competent authorities shall take the following measures:

(a) immediate start of the felling of infested plants and plants with symptoms caused by the specified pest, and the complete removal of their roots, and completion of all activities in time before the start of the next flying period;

(b) removal, examination and disposal of plants felled and of their roots, while taking the necessary precautions to avoid spreading of the specified pest after felling;

(c) prohibition of any movement of potentially infested material out of the demarcated area;

(d) where appropriate, replacement of specified plants by other non-susceptible plants;

(e) prohibition of planting in the infested zone of new specified plants in the open air, except for places of production referred to in Article 10(1);

(f) surveys carried out in accordance with Article 3(2) and (3), of the host plants in the buffer zone for the presence of the specified pest, at appropriate times and including, where appropriate, targeted destructive sampling;

(g) in the cases where sentinel plants are used, those plants shall be subject of inspections at least once a month and shall be destroyed and examined after two years at the latest;

(h) raising public awareness of the threat of the specified pest and the measures adopted to prevent its introduction into and spread within the Union territory, including the conditions regarding movement of specified plants out of the demarcated area established pursuant to Article 5;

(i) where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay containment, in particular those related to the accessibility and adequate felling and destruction of all plants that are infested or suspected of infestation, irrespective of their location, ownership or the person responsible for them;

(j) any other measure, which may help contain the specified pest.

In the case of the second subparagraph, point (a), where it is not possible to remove deeply seated stumps and surface roots, they shall be ground to at least 40 cm below surface level, or covered by insect-proof material.

The surveys referred to in the second subparagraph, point (f), shall be intensified compared to the surveys referred to in Article 3.

The surveys in the buffer zone shall be based on the Authority’s General guidelines for statistically sound and risk-based surveys for plant pests, and the survey design and sampling scheme used in the buffer zone shall be able to identify with at least 95 % of confidence, a level of presence of infested plants of 1 %. However, within the width of at least 1 km around the places of production of the host plants, they shall be able to identify with at least 99 % confidence level, a level of presence of infested plants of 1 %.

CHAPTER V

MOVEMENTS WITHIN THE UNION TERRITORY

CHAPTER VI

INTRODUCTION INTO THE UNION TERRITORY OF SPECIFIED PLANTS ORIGINATING IN A THIRD COUNTRY

CHAPTER VII

FINAL PROVISIONS

Article 13

Reporting on measures

Member States shall, by 30 April of each year, submit to the Commission and to the other Member States a report on the measures taken during the preceding year pursuant to this Regulation and on the results of the measures provided for in Articles 3 to 9.

The results of the surveys carried out pursuant to Articles 8 and 9 shall be submitted to the Commission using one of the templates set out in Annex I.

Article 14

Compliance

Member States shall, as necessary in order to comply with this Regulation, repeal or amend the measures, which they have adopted to protect their territory against the introduction and spread of the specified pest. They shall immediately inform the Commission of the repeal or amendment of those measures.

Article 15

Repeal

Implementing Decision 2012/138/EU is repealed, with the exception of its Article 2, Article 3 and Annex I, which are repealed with effect from 1 January 2024.

Article 16

Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Articles 11 and 12, with the exception of Article 12(1), third and fourth subparagraph, shall apply from 1 January 2024.

Article 4 shall apply from 1 August 2023.

Τhe following provisions shall apply from 1 January 2025:

(a) Article 3(1), second subparagraph;

(b) Article 8(1), fourth subparagraph;

(c) Article 9(1), fifth subparagraph;

(d) Article 10(1), fourth subparagraph;

(e) Article 12(1), third and fourth subparagraphs.

This Regulation shall apply until 31 December 2029.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

PART A

1. Template for the reporting of the results of annual surveys

2. Instructions on how to fill in the template

If this template is filled, the template in Part B of this Annex is not to be filled.

PART B

1. Template for the reporting of the results of statistically based annual surveys

2. Instructions on how to fill in the template

If this template is filled, the template in Part A of this Annex is not to be filled.

Explain the underlying assumptions for the survey design per pest. Summarise and justify:

— the target population, epidemiological unit and inspection units,

— the detection method and method sensitivity,

— the risk factor(s), indicating the risk levels and corresponding relative risks and proportions of host plant population.

ANNEX II

Italy