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Commission Implementing Regulation (EU) 2020/1201 CHAPTER II — ANNUAL SURVEYS FOR THE PRESENCE OF THE SPECIFIED PEST AND CONTINGENCY PLANS

Article 2–Article 3 · 2 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

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

Article 2

1.   Member States shall conduct annual surveys of the host plants for the detection of the specified pest in their territory. 2.   Those surveys shall be carried out by the competent authorities, or under the official supervision of the competent authorities. 3.   Those surveys shall be performed on the basis of the level of risk. They shall take place in open air, including cropping fields, orchards, vineyards, as well as nurseries, garden centres and/or trading centres, natural areas and other relevant locations. 4.   Those surveys shall consist in the collection of samples and testing of plants for planting. 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 sampling scheme used shall be able to identify within the Member State concerned, with at least 80 % of confidence, a level of presence of infected plants of 1 %. 5.   Those surveys shall be carried out at appropriate times of the year with regard to the possibility to detect the specified pest, taking into account the biology of that pest and its vectors, the presence and biology of host plants, and the scientific and technical information referred to in the Authority’s Pest Survey Card on Xylella fastidiosa. 6.   The presence of the specified pest shall be monitored by one of the molecular tests listed in Annex IV. In case of positive results detected in areas other than the demarcated areas, the presence of the specified pest shall be confirmed by one more positive molecular test listed in that Annex, targeting different parts of the genome. Those tests shall be performed on the same plant sample or, if appropriate for the molecular confirmatory test used, on the same plant extract. 7.   The identification of the subspecies of the specified pest shall be carried out on each plant species that is found infected by the specified pest in the demarcated area concerned. That identification shall be carried out by using the molecular tests listed in Section B of Annex IV. 8.   Member States shall report the results of the surveys referred to in paragraph 1 in accordance with Article 22(3) of Regulation (EU) 2016/2031.

Contingency plans

Article 3

1.   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. 2.   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.

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