Establishment of demarcated areas
1. Where the presence of the specified pest is officially confirmed, the Member State concerned shall without delay establish a demarcated area.
Where only the presence of one or more particular subspecies of the specified pest is confirmed, the Member State concerned may demarcate an area with regard to those subspecies only.
Where the confirmation of the presence of a subspecies is pending, the Member State concerned shall demarcate that area with regard to the specified pest and all of its possible subspecies.
2. The demarcated area shall consist of an infected zone and a buffer zone.
The infected zone shall have a radius of at least 50 m around the plant found infected by the specified pest.
The buffer zone shall be of the following width:
(a)
at least 2,5 km in the case of an infected zone established for the purpose of taking the eradication measures referred to in Articles 7 to 11;
(b)
at least 5 km in the case of an infected zone established for the purpose of taking the containment measures referred to in Articles 12 to 17.
3. The Commission shall update and publish a list of the demarcated areas established by Member States, as notified pursuant to Article 18(6) of Regulation (EU) 2016/2031.
Derogations for the establishment of demarcated areas
1. By way of derogation from Article 4, the buffer zone surrounding the infected zone established for the purpose of eradication may be reduced to a width of no less than 1 km, where there is a high degree of confidence that the initial presence of the specified pest did not result in its spread and where all of the following conditions have been fulfilled:
(a)
all specified plants located in the infected zone, irrespective of their health status, have been immediately sampled and removed;
(b)
no other plants have been found infected by the specified pest in the infected zone since the eradication measures have been taken, on the basis of official tests carried out at least once during the course of the year, taking into account the Authority’s Pest Survey Card on Xylella fastidiosa ;
(c)
a survey has been carried out at least once during the first year following the identification of the specified pest in a zone with a width of at least 2,5 km surrounding the infected zone, which shows that the specified pest has not been found present in that zone. The Member State concerned shall sample and test the host plants located in that zone. For that purpose, and taking into account the Authority’s Guidelines for statistically sound and risk-based surveys of Xylella fastidiosa, the survey design and sampling scheme shall be able to identify with at least 90 % confidence a level of presence of infected plants of 1 %, taking into account that the first 400 m surrounding the infected plants has a higher risk compared to the other part of that area;
(d)
no vectors carrying the specified pest have been detected in the infected zone and its immediate vicinity since the eradication measures have been taken, on the basis of tests carried out twice during the flight season of the vector, and in accordance with International Standards for Phytosanitary Measures. Those tests shall lead to the conclusion that the natural spread of the specified pest is excluded.
2. When reducing the width of the buffer zone pursuant to paragraph 1, the Member State concerned shall immediately notify the Commission and the other Member States of the justification for that reduction.
3. By way of derogation from Article 4, the Member State concerned may decide not to establish a demarcated area immediately, where all of the following conditions are fulfilled:
(a)
there is evidence that the specified pest was recently introduced into the area with the plants on which it was found, or that the specified pest has been found in a site with physical protection from the vectors of that pest;
(b)
the results of inspection activities indicate that those plants were infected before their introduction into the area concerned;
(c)
no vectors carrying the specified pest have been detected, on the basis of tests carried out in the vicinity of those plants.
4. In the case referred to in paragraph 3, the Member State concerned shall:
(a)
carry out, in the area where the presence of the specified pest was first confirmed, an annual survey for at least two years to determine whether any other plants have been infected and whether any further measures should be taken;
(b)
notify to the Commission and the other Member States the justification for not establishing a demarcated area, and the outcome of the survey referred to in point (a) as soon as it becomes available.
Lifting of the demarcated areas
1. Where, based on the surveys referred to in Article 10, the specified pest has not been detected in a demarcated area for a period of four years, this demarcation may be lifted. In such cases, the Member State concerned shall notify the Commission and other Member States.
2. By way of derogation from paragraph 1, in the case where the Member State concerned has reduced the buffer zone to a width of no less than 1 km in accordance with Article 5(1), the Member State may lift the demarcated area after 12 months since its initial establishment, where both of the following conditions are fulfilled:
(a)
as a result of the measures taken pursuant to Article 5(1), it is concluded with a high degree of confidence that the initial presence of the specified pest was an isolated case and no further spread occurred in the respective demarcated area;
(b)
as practically close to the time of lifting, official tests have been carried out within the demarcated area, taking into account the Authority’s Pest Survey Card on Xylella fastidiosa. For that purpose, and taking into account the Authority’s Guidelines for statistically sound and risk-based surveys of Xylella fastidiosa, the survey design and sampling scheme shall be able to identify with at least 95 % confidence a level of presence of infected plants of 1 %.
3. Where a demarcated area is lifted pursuant to paragraph 2, the specified plants located in the previously established demarcated area shall be subject to intensive surveys during the following two years. For that purpose, and taking into account the Authority’s Guidelines for statistically sound and risk-based surveys of Xylella fastidiosa, the survey design and sampling scheme shall be able to identify with at least 80 % confidence a level of presence of infected plants of 1 %.
4. When lifting the demarcated area after 12 months since its initial identification, the Member State concerned shall immediately notify the Commission and the other Member States of the justification for that lifting.
