Commission Implementing Regulation (EU) 2024/2060 of 30 July 2024 amending Implementing Regulation (EU) 2022/1192 as regards the template for surveys of Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens, the use of testing methods and the designation of infested production sites

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (1), and in particular Article 28(1), points (a) to (h), thereof,

Whereas:

(1) Commission Implementing Regulation (EU) 2022/1192 (2) establishes measures to eradicate and prevent the spread of Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens (‘the specified pests’) in the Union territory. It succeeded Council Directive 2007/33/EC (3), which was repealed by Regulation (EU) 2016/2031 with effect from 1 January 2022.

(2) In accordance with Article 5(1) of Implementing Regulation (EU) 2022/1192, the competent authorities are to designate a production site as infested by the specified pest where the presence of the specified pest in that site has been officially confirmed by the tests referred to in Article 3(2) of that Implementing Regulation.

(3) There have been doubts whether fields that have been officially recorded by the competent authorities as infested by the specified pest, pursuant to Articles 8(1) or 8(2) of Directive 2007/33/EC, before 1 January 2022 should also be deemed to be designated as infested production sites for the purposes of Implementing Regulation (EU) 2022/1192. In order to ensure the highest possible protection of the Union territory from the specified pest, such fields should be subject to the same requirements as the production sites designated as infested pursuant to Article 5(1) of Implementing Regulation (EU) 2022/1192. For this reason, Article 5(1) of that Implementing Regulation should make clear that fields officially recorded as infested before 1 January 2022 should also be deemed to be designated as infested production sites.

(4) In accordance with Article 13 of Implementing Regulation (EU) 2022/1192, until 15 July 2024, testing may be carried out using the method of isolation of nematode cysts from the debris, followed by species detection and identification with real-time PCR based on Beniers et al. 2014, instead of the methods with regard to detection and identification of the specified pests listed in point 1(b) of Annex III.

(5) A recent scientific publication (4) has confirmed the validity and effectiveness of that testing method. For this reason, it should be added to the testing methods set out in points 1(b)(ii) and (iii) of Annex III to Implementing Regulation (EU) 2022/1192, with the indication ‘real-time PCR based on Lombard et al. 2024’, whereas Article 13 should be deleted as obsolete.

(6) In accordance with Article 3(4) of Implementing Regulation (EU) 2022/1192, Member States are to officially record the results of the official detection surveys and make them accessible to the Commission, on request, in accordance with the template set out in Annex IV to that Implementing Regulation.

(7) It is necessary to make that template of Annex IV more detailed to ensure a more comprehensive recording of the respective survey results. For this reason, the following elements should be included in the new template: category of survey by a specific reference to potato tubers or other host plants, initial and updated size of the infested area, notification number of the new outbreaks and additional information.

(8) Moreover, it is necessary to clarify in its first sentence in Annex IV that the template is to present results of surveys carried out during the calendar year preceding the year of reporting.

(9) Implementing Regulation (EU) 2022/1192 should therefore be amended accordingly.

(10) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Implementing Regulation (EU) 2022/1192

Implementing Regulation (EU) 2022/1192 is amended as follows:

(2) Article 13 is deleted;

(4) Annex IV is amended as set out in the Annex to this Regulation.

Article 2

Entry into force

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

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

Done at Brussels, 30 July 2024.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 317, 23.11.2016, p. 4, ELI: http://data.europa.eu/eli/reg/2016/2031/oj.

(2) Commission Implementing Regulation (EU) 2022/1192 of 11 July 2022 establishing measures to eradicate and prevent the spread of Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens (OJ L 185, 12.7.2022, p. 12, ELI: http://data.europa.eu/eli/reg_impl/2022/1192/oj).

(3) Council Directive 2007/33/EC of 11 June 2007 on the control of potato cyst nematodes and repealing Directive 69/465/EEC (OJ L 156, 16.6.2007, p. 12, ELI: http://data.europa.eu/eli/dir/2007/33/oj).

(4) Lombard L, Dekker-Nooren CCEM, Wuijster B, van Kessel, SP, van Duivenbode I, van Bruggen AS, van Heese EYJ (2024) Comparing the effectiveness of real time PCRs to simultaneously detect and identify viable Globodera pallida and G. rostochiensis. Eur J Plant Pathol, https://doi.org/10.1007/s10658-024-02864-7.