Commission Implementing Regulation (EU) 2024/2507 of 26 September 2024 amending and correcting Implementing Regulation (EU) 2020/1201 as regards measures to prevent the introduction into and spread within the Union of Xylella fastidiosa (Wells et al.) and amending Implementing Regulation (EU) 2020/1770 as regards the list of plant species not exempted from the traceability code requirement for plant passports

Type Implementing Regulation
Publication 2024-09-27
State In force
Text As published
Department European Commission, SANTE
Source EUR-Lex
articles 5

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

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Image omitted; see official source Official Journal of the European Union EN L series
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2024/2507 27.9.2024

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), (d), (e), (f), (h), Article 28(2) and Article 83(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Implementing Regulation (EU) 2020/1201

Implementing Regulation (EU) 2020/1201 is amended as follows:

  • ‘(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.’;

‘1.   Member States shall conduct annual surveys of the host plants, and any other plant species in case of suspicion of infection, for the detection of the specified pest in their territory. Those surveys may also cover vectors.’

;

‘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.’;

‘4.   Those surveys shall consist in the collection of samples and testing of plants for planting, and, if applicable, of vectors. Taking into account the European Food Safety Authority’s (Authority) Guidelines for statistically sound and risk-based surveys of Xylella fastidiosa, the survey design and the sampling scheme used shall enable detecting with a sufficient level of confidence, a low level of presence of the specified pest within the Member State concerned.

4a.   Where the presence of the specified pest is confirmed in a vector, in an area where the specified pest is not known to be present, the Member State concerned shall, without delay, carry out surveys in a radius of at least 400 m around the finding of the infected vector, as well as sampling and testing of host plants and any other plant species in case of suspicion of infection.’

;

‘Where the presence of the specified pest is officially confirmed in plants, the Member State concerned shall without delay establish a demarcated area.’;

  • ‘(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;’;

‘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;’;

  • ‘(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:’;

‘Article 8

Measures against the vectors of the specified pest

  1. In the infected zone, the Member State concerned shall apply appropriate phytosanitary treatments against all the stages of the vector population of the specified pest. In particular, it shall apply those treatments prior and during the removal of the plants referred to in Article 7(1), during the flight season of the vectors. Those practices shall include efficient chemical, biological or mechanical treatments against the vectors, taking into account the local conditions.
  1. 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.’

;

‘3.   When the competent authority of the Member State concerned decides not to destroy the wood referred to in paragraph 2, it shall verify that it is free from leaves and branches.’

;

‘1.   The Member State concerned shall apply appropriate phytosanitary treatments against all the stages of the vector population of the specified pest on the plants referred to in Article 13(1) prior to their removal, in particular during the flight season of the vectors, and around the plants referred to in Article 13(2). Those treatments shall include efficient chemical, biological or mechanical treatments against the vectors, taking into account the local conditions.’

;

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

‘3.   When the competent authority of the Member State concerned decides not to destroy the wood referred to in paragraph 2, it shall verify that it is free from leaves and branches.’

;

  • ‘(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).’;
  • ‘(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;’;
  • ‘(a) the specified plants have been grown in a site that belongs to an operator registered in accordance with Article 65 of Regulation (EU) 2016/2031 and in the case of an infected zone, the site fulfills the requirements of Article 18;’;
  • ‘(b) it is a site physically protected against the specified pest and its vectors;
  • (c) it has been subjected annually to at least two inspections by the competent authority at the most appropriate time, with the last one including sampling and testing as close as possible to the time of the movement.’;

‘By way of derogation from paragraph 1, plants for planting, other than seeds, of Coffea L., Lavandula angustifolia Mill., Lavandula dentata L., Lavandula x intermedia Emeric ex Loisel., Lavandula latifolia Medik., Lavandula stoechas L., Nerium oleander L., Olea europaea L., Polygala myrtifolia L., Prunus dulcis (Mill.) D.A.Webb and Salvia rosmarinus Spenn. may only be moved for the first time within the Union territory, where the following conditions are fulfilled:’;

  • ‘(b) in the case where they move within the buffer zone, or from the buffer zone into the infected zone, the indication “Buffer Zone – XYLEFA” shall be included next to the traceability code referred to in paragraph 1 (e) of Part A of Annex VII to Regulation (EU) 2016/2031.’;
  • ‘(a) the national plant protection organisation of the third country concerned has communicated in writing to the Commission that the specified pest is known not to be present in the country on the basis of inspection, sampling and molecular testing by the competent authority, using a test listed in Annex IV, and in accordance with ISPM No 4[^ntr1-L_202402507EN.000101-E0007] and taking into account the Authority’s Guidelines for statistically sound and risk-based surveys of Xylella fastidiosa*, the survey design and sampling scheme used are able to identify with a sufficient level of confidence, a low level of presence of the specified pest;

[^ntr*1-L_202402507EN.000101-E0007]: ISPM No 4 “Requirements for the establishments of pest free areas”.’;"

  • (b) point (d) is replaced by the following:
  • ‘(d) plants for planting, other than seeds, of Coffea L., Lavandula angustifolia Mill., Lavandula dentata L., Lavandula x intermedia Emeric ex Loisel., Lavandula latifolia Medik., Lavandula stoechas L., Nerium oleander L., Olea europaea L., Polygala myrtifolia L., Prunus dulcis (Mill.) D.A.Webb and Salvia rosmarinus Spenn. have been grown in a site that is subject to annual inspection by the competent authority, with sampling and testing, listed in Annex IV, carried out at the appropriate times for the presence of the specified pest, using a sampling scheme able to identify with at least 80 % confidence a level of presence of infected plants of 1 %;’;
  • ‘(a) the host plants originate in an area which has been declared to be free from the specified pest, by the national plant protection organisation concerned in accordance with ISPM No 4 and on the basis of official surveys based on sampling and testing, using a test listed in Annex IV and taking into account the Authority’s Guidelines for statistically sound and risk-based surveys of Xylella fastidiosa, the survey design and sampling scheme used are able to identify with a sufficient level of confidence, a low level of presence of the specified pest;’;
  • ‘(c) the host plants are accompanied by a phytosanitary certificate stating that they have spent their entire life in the area referred to in point (a), with specific reference to the name of that area;’;
  • ‘(e) plants for planting, other than seeds, of Coffea L., Lavandula angustifolia Mill., Lavandula dentata L., Lavandula x intermedia Emeric ex Loisel., Lavandula latifolia Medik., Lavandula stoechas L., Nerium oleander L., Olea europaea L., Polygala myrtifolia L., Prunus dulcis (Mill.) D.A.Webb and Salvia rosmarinus Spenn. have been grown in a site that is subject to annual inspection by the competent authority, with sampling and testing, listed in Annex IV, carried out at the appropriate times on those plants for the presence of the specified pest, using a sampling scheme able to identify with at least 80 % confidence a level of presence of infected plants of 1 %;’;
  • ‘(ii) the name or code of the pest free production site(s);’;
  • ‘(ii) the name or code of the pest free production site(s).’;

Article 2

Corrections of Implementing Regulation (EU) 2020/1201

Implementing Regulation (EU) 2020/1201 is corrected as follows:

  • ‘2. Such checks shall be performed at least in the locations, including roads, airports and ports, where the specified plants are moved from infected zones into buffer zones or other parts of the Union territory.’;

Article 3

Amendments to Implementing Regulation (EU) 2020/1770

The Annex to Implementing Regulation (EU) 2020/1770 is amended in accordance with Annex II to this Regulation.

Article 4

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.

Article 1 , point 15, points 17(b) and 18(c), and Article 3 shall apply from 1 July 2025.

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

Done at Brussels, 26 September 2024.

For the Commission

The President

Ursula VON DER LEYEN

2

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.) (OJ L 269, 17.8.2020, p. 2, ELI: http://data.europa.eu/eli/reg_impl/2020/1201/oj).

3

EFSA Supporting publication 2020:EN-1873. 76 pp. (https://doi.org/10.2903/sp.efsa.2020.EN-1873).

4

Update of the Xylella spp. host plant database-systematic literature search up to 30 June 2023. EFSA Journal 2023; 21:e8477, DOI: https://doi.org/10.2903/j.efsa.2023.8477.

5

PM7/24(5) Xylella fastidiosa. https://doi.org/10.1111/epp.12923.

6

Commission Implementing Regulation (EU) 2020/1770 of 26 November 2020 on types and species of plants for planting not exempted from the traceability code requirement for plant passports under Regulation (EU) 2016/2031 of the European Parliament and of the Council and repealing Commission Directive 92/105/EEC (OJ L 398, 27.11.2020, p. 6, ELI http://data.europa.eu/eli/reg_impl/2020/1770/oj).

ANNEX I

AMENDMENTS TO IMPLEMENTING REGULATION (EU) 2020/1201

The Annexes to Implementing Regulation (EU) 2020/1201 are amended as follows:

‘ Castanea sativa Mill.’;

‘ Clinopodium nepeta (L.) Kuntze’;

‘ Cornus sanguinea L.’;

‘ Grevillea rosmarinifolia A. Cunn.’;

‘ Lonicera periclymenum L.’;

‘ Mentha suaveolens Ehrh.’;

‘ Pyracantha coccinea M. Roem.’;

‘ Rhamnus alaternus L.’;

‘ Senecio inaequidens DC.’;

‘ Fraxinus angustifolia Vahl’;

‘ Liquidambar styraciflua L.’;

‘ Quercus ilex L.’;

‘ Rubus ideaus L.’;

‘ Acer granatense Boiss.’;

‘ Castanea sativa Mill.’;

‘ Chenopodium album L.’;

‘ Clinopodium nepeta (L.) Kuntze’;

‘ Cornus sanguinea L.’;

‘ Grevillea rosmarinifolia A. Cunn.’;

‘ Lonicera periclymenum L.’;

‘ Mentha suaveolens Ehrh.’;

‘ Rhamnus alaternus L.’;

‘ Senecio inaequidens DC.’;

‘PART D

Infected zone in Portugal

The infected zone in Portugal includes the following area:

Region of Porto

Part of the following parishes located in the municipality of Espinho:

Anta e Guetim

Espinho

Silvalde

Parishes located in the municipality of Gondomar:

Gondomar (São Cosme), Valbom e Jovim

Part of the following parishes located in the municipality of Gondomar:

Baguim do Monte (Rio Tinto)

Fânzeres e São Pedro da Cova

Foz do Sousa e Covelo

Melres e Medas

Rio Tinto

Part of the following parishes located in the municipality of Maia:

Pedrouços

Part of the following parishes located in the municipality of Matosinhos:

Custóias, Leça do Balio e Guifões

São Mamede de Infesta e Senhora da Hora

Parishes located in the municipality of Porto:

Bonfim

Campanhã

Cedofeita, Ildefonso, Sé, Miragaia, Nicolau, Vitória

Paranhos

Part of the following parishes located in the municipality of Porto:

Aldoar, Foz do Douro e Nevogilde

Lordelo do Ouro e Massarelos

Ramalde

Parishes located in the municipality of Santa Maria da Feira:

Argoncilhe

Fiães

Nogueira da Regedoura

Sanguedo

Part of the following parishes located in the municipality of Santa Maria da Feira:

Caldas de São Jorge e Pigeiros

Canedo, Vale e Vila Maior

Lobão, Gião, Louredo e Guisande

Lourosa

Mozelos

Santa Maria de Lamas

São João de Ver

São Paio de Oleiros

Municipality of Vila Nova de Gaia:

All parishes’;

  • ‘4. Real time PCR based on Dupas et al. 2019, determining all subspecies[^ntr*1-L_202402507EN.001001-E0001];
    1. Real time PCR based on Hodgetts et al. 2021, determining all subspecies[^ntr*2-L_202402507EN.001001-E0002].

[^ntr*1-L_202402507EN.001001-E0001]: DOI: 10.3389/fpls.2019.01732."

[^ntr*2-L_202402507EN.001001-E0002]: DOI: 10.1111/jam.14903.’ "

[^ntc*1-L_202402507EN.001001-E0001]  DOI: 10.3389/fpls.2019.01732.

[^ntc*2-L_202402507EN.001001-E0002]  DOI: 10.1111/jam.14903.’ ’

ANNEX II

AMENDMENTS TO IMPLEMENTING REGULATION (EU) 2020/1770

The Annex to Implementing Regulation (EU) 2020/1770 is amended as follows:

‘ Lavandula angustifolia Mill.’;

‘ Lavandula x intermedia Emeric ex Loisel.

Lavandula latifolia Medik.

Lavandula stoechas L.’;

‘ Salvia rosmarinus Spenn.’.

ELI: http://data.europa.eu/eli/reg_impl/2024/2507/oj

ISSN 1977-0677 (electronic edition)

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