Commission Implementing Regulation (EU) 2023/1584 of 1 August 2023 on measures to prevent the establishment and spread of Popillia japonica Newman and on measures for the eradication and containment of that pest within certain demarcated areas of the Union territory

Article 1

Subject matter

This Regulation sets out measures to prevent the establishment and spread within the Union territory of Popillia japonica Newman, measures for its eradication, where it is found present in that territory, and measures for its containment, when eradication is no longer possible.

Article 2

Definitions

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

(1) ‘specified pest’ means Popillia japonica Newman;

(2) ‘host plants’ means all plants for planting with growing media intended to sustain the vitality of the plants, other than plants in tissue culture and aquatic plants;

(3) ‘specified plants’ means the plants for planting with growing media intended to sustain the vitality of the plants, other than plants in tissue culture and aquatic plants listed in Annex I;

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

(5) ‘the pest survey card’ means the publication ‘Pest survey card on Popillia japonica’ (¹) of the European Food Safety Authority (‘the Authority’);

(6) ‘General guidelines for statistically sound and risk-based surveys’ means the publication ‘General guidelines for statistically sound and risk-based surveys of plant pests’ of the Authority.

Article 3

Surveys of the Union territory outside of demarcated areas

The surveys shall be carried out:

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

(b) in the risk areas of open air fields, orchards/vineyards, nurseries, public sites, areas with grass such as sport grounds and golf courses, surroundings of airports, ports and railway stations, as well as in greenhouses and garden centres, and especially in areas close to the transport network axis connecting with areas where the pest is known to be present;

(c) at appropriate times of the year, with regards to the possibility to detect the specified pest, taking into account the biology of the pest and the presence of specified plants.

The surveys shall consist of:

(a) trapping, using lures to attract the specified pest; and

(b) where appropriate, visual examinations of the specified plants.

Article 4

Contingency plans

Member States shall, in addition to the elements listed in Article 25(2) of Regulation (EU) 2016/2031, provide in their contingency plans for the following:

(a) measures for the eradication of the specified pest, as set out in Article 9;

(b) special requirements regarding the introduction of host plants into and their movement within the Union territory, as set out in Annexes VII and VIII to Implementing Regulation (EU) 2019/2072;

(c) procedures for identifying the owners of private properties where measures will have to be applied in case of detection of the specified pest.

Article 5

Establishment of demarcated areas

The demarcated areas shall consist of the following:

(a) an infested zone including the area where the presence of the specified pest has been officially confirmed surrounded by at least a width of: (i) 1 km in the case of a demarcated area for eradication of the specified pest; (ii) 3 km in the case of a demarcated area for containment of the specified pest; and

(b) a buffer zone with a width of at least: (i) 5 km beyond the boundary of the infested zone in the case of a demarcated area for eradication of the specified pest; (ii) 15 km beyond the boundary of the infested zone in the case of a demarcated area for containment of the specified pest.

Where the presence of the specified pest has been officially confirmed in the buffer zone of a demarcated area for containment, Articles 17 and 18 of Regulation (EU) 2016/2031 shall apply until the competent authorities evaluate the level of that infestation. In case eradication is not considered possible, paragraph 3 of this Article shall apply.

They shall ensure that the general public and professional operators are aware of the delimitation of the demarcated areas.

Article 6

Derogations from the obligation to establish demarcated areas

By way of derogation from Article 5(1), 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 not multiplied; and

(b) there is evidence that: (i) 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 (ii) it is an isolated finding, not expected to lead to establishment.

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

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

(b) immediately intensify the number of traps and the frequency with which the traps are checked in that area;

(c) immediately intensify visual examination for the presence of adults of the specified pest and inspect grassland and soil for the presence of larvae of the specified pest at appropriate times;

(d) during at least one life cycle of the specified pest plus one additional year, survey a width of at least 1 km around the infested plants or the place where the specified pest was found, regularly and intensively during the flying period of the specified pest;

(e) trace back the origin of the infestation and investigate the pathways associated with the finding of the specified pest as far as possible;

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

(g) take any other measure, which may help eradicate the specified pest, in accordance with the eradication measures described in Article 9.

Article 7

Annual surveys in demarcated areas

The annual surveys shall be carried out:

(a) in the infested zones, in the case of demarcated areas for eradication;

(b) in the buffer zones in the demarcated areas for eradication and in the buffer zones in the demarcated areas for containment;

(c) in open air fields, orchards/vineyards, forests, nurseries, private gardens, public sites, areas with grass such as sport grounds and golf courses, surroundings of airports, ports and railway stations, as well as in greenhouses and garden centres, in particular in the areas close to the transport network axis connecting with areas where the specified pest is not known to be present; and

(d) at appropriate times of the year, with regard to the possibility to detect the specified pest, taking into account the biology of the specified pest and the presence of specified plants.

The annual surveys shall consist of:

(a) trapping, using lures to attract the specified pest in the case of surveys carried out in the infested zones in the demarcated areas for eradication;

(b) visual examinations of the specified plants;

(c) soil sampling and testing, to detect the larvae of the specified pest.

Article 8

Lifting of demarcation

The demarcation may be lifted when, based on the surveys referred to in Article 7, the specified pest has not been detected in the demarcated area for at least three consecutive years.

Article 9

Eradication measures

In the infested zones, the competent authorities shall ensure that to eradicate the specified pest the following measures are taken:

(a) against the adults of the specified pest, at least a combination of two of these: (i) mass trapping system with lures, ensuring the destruction of the specified pest by appropriate methods; (ii) attract-and-kill strategy; (iii) manual capture of the specified pest, ensuring the destruction of the specified pest by appropriate methods; (iv) chemical treatments of the plants; (v) biological control (such as entomopathogenic fungi or any other effective biological control); (vi) any other measure which has been scientifically proven to be effective;

(b) against the larvae of the specified pest, at least a combination of two of these: (i) appropriate treatments of the soil where larvae of the specified pest are present; (ii) biological control (such as entomopathogenic fungi or entomopathogenic nematodes or any other effective biological control); (iii) prohibition of irrigation of grassland during the emergence of the adults of the specified pest from the soil and during their flying period; (iv) use of mechanical milling to destroy larvae in the soil at appropriate times of the year; (v) local destruction of heavily infested grassland;

(c) during the flying period of the specified pest: (i) specific measures in airports, harbours and railway stations to ensure that the specified pest is kept out of aircrafts, ships and trains, based on specific risk management procedures, which have been communicated to the Commission and the other Member States in writing; and (ii) prohibition of the movement of untreated plant debris outside of the infested zone, unless it is transported within enclosed vehicles, and it is stored and composted in an indoor facility outside the infested area;

(d) prohibition of the movement of the upper layer of the soil and used growing media outside of the infested zone, unless: (i) it has been subject to appropriate measures to eliminate the specified pest or prevent infestation of the specified plants; or (ii) it will be deep buried in landfill under the supervision of the competent authorities, while being transported within enclosed vehicles, which to ensure that the specified pest cannot spread.

Article 10

Containment measures

In the infested zones, the competent authorities shall ensure that the following measures are taken, in order to contain the specified pest:

(a) measures to control the presence of the specified pest and to avoid further spread, through an integrated approach, including one or more of the following: (i) mass trapping system with lures, or manual capture, ensuring the destruction of the captures by appropriate methods, or attract-and-kill strategy; (ii) biological control such as by entomopathogenic fungi or by entomopathogenic nematodes; (iii) chemical treatment of the plants and/or appropriate treatment of the soil; (iv) use of mechanical milling to destroy larvae in the soil at appropriate times of the year;

(b) during the flying period of the specified pest: (i) specific measures in airports, harbours and railway stations to ensure the specified pest is kept out of aircrafts, ships and trains, based on specific risk management procedures, which have been communicated to the Commission and the other Member States in writing; and (ii) prohibition of the movement of untreated plant debris outside of the infested zone, unless it is transported within enclosed vehicles, and it is stored and composted in an indoor facility outside the infested area;

(c) prohibition of the movement of the upper layer of the soil and used growing medium outside of the infested zone, unless: (i) it has been subject to appropriate measures to eliminate the specified pest or prevent infestation of the specified plants; or (ii) it will be deep buried in landfill under the supervision of the competent authorities, being transported within enclosed vehicles which ensures the specified pest cannot spread.

Article 11

Reporting

By 30 April of each year, Member States shall submit to the Commission and to the other Member States:

(a) a report on the measures taken during the preceding calendar year pursuant to this Regulation and on the results of the measures provided for in Articles 5 to 10;

(b) the results of the surveys carried out pursuant to Article 3, outside of the demarcated areas, during the preceding calendar year, using the templates referred to in Annex I to Commission Implementing Regulation (EU) 2020/1231 (²);

(c) the results of the surveys carried out pursuant to Article 7, in the demarcated areas, during the preceding calendar year, using one of the templates referred to in Annex III.

Article 12

Entry into force and date of application

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

Article 3 (2) shall apply from 1 January 2026.

Article 4 shall apply from 1 August 2023.

Article 7 (2) shall apply from 1 January 2025.

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

ANNEX I

LIST OF SPECIFIED PLANTS

Acer L.

Actinidia Lindley

Aesculus L.

Alcea L.

Alnus Mill.

Althaea L.

Ampelopsis A.Rich. ex Michx.

Aronia Medikus

Artemisia L.

Asparagus Tourn. ex L.

Berchemia Neck. ex DC.

Betula L.

Carpinus L.

Castanea Mill.

Clethra L.

Convolvulus L.

Corylus L.

Crategus L.

Cyperaceae Juss.

Dioscorea L.

Fallopia Lour.

Filipendula Mill.

Fragaria L.

Glycine Willd.

Hibiscus L.

Humulus L.

Hypericum Tourn. ex L.

Juglans L.

Kerria D.C.

Lagerstroemia L.

Lythrum L.

Malus Mill.

Malva Tourn. ex L.

Medicago L.

Melia L.

Morus L.

Oenothera L.

Parthenocissus Planch.

Persicaria (L.) Mill.

Phaseolus L.

Platanus L.

Poaceae Barnhart

Populus L.

Prunus L.

Pteridium Gled. ex Scop.

Pyrus L.

Quercus L.

Reynoutria Houtt.

Rheum L.

Ribes L.

Robinia L.

Rosa L.

Rubus L.

Rumex L.

Salix L.

Sassafras L. ex Nees

Smilax L.

Solanum L.

Sorbus L.

Tilia L.

Toxicodendron Mill.

Trifolium Tourn. ex L.

Ulmus L.

Urtica L.

Vaccinium L.

Vitis L.

Wisteria Nutt.

Zelkova Spach

ANNEX II

1. Italy