General provisions
Article 12
The competent authority of the Member State concerned may decide to apply the containment measures set out in Articles 13 to 17, instead of eradication measures, in an infected zone listed in Annex III.
Commission Implementing Regulation (EU) 2020/1201 CHAPTER V — CONTAINMENT MEASURES
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Removal of plants in an infected zone listed in Annex III
Article 13
1. The Member State concerned shall remove all plants which have been found to be infected by the specified pest on the basis of the monitoring referred to in Article 15(2). That removal shall take place immediately after the official identification of the presence of the specified pest or, if the specified pest is detected outside the flight season of the vector, that removal shall take place before the next flight season of the vector. All necessary precautions shall be taken to avoid spreading of the specified pest and its vectors during and after removal. 2. By way of derogation from paragraph 1, the Member State concerned may decide, for scientific purposes, not to remove plants which have been found to be infected by the specified pest in the sites of plants with particular cultural and social value, referred to in Article 15(2)(b).
Measures against the vectors of the specified pest in the infected zones listed in Annex III
Article 14
1. The Member State concerned shall apply appropriate phytosanitary treatments against the vector population of the specified pest, in all its stages, on the plants referred to in Article 13(1) prior to their removal 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. 2. In the areas referred to in points (a) and (b) of Article 15(2), the Member State concerned shall apply agricultural practices for the control of the vector population of the specified pest, in all its stages, at the most appropriate time of each year. Those practices shall include efficient chemical, biological or mechanical treatments against the vectors, taking into account the local conditions.
Annual surveillance of the infected zones listed in Annex III
Article 15
1. The Member State concerned shall, at least in the parts of the infected zone referred to in paragraph 2, immediately sample and test, within a radius of 50 m around the plants which have been found to be infected by the specified pest, the following plants: (a) all specified plants which belong to the species of the specified plants which have been found infected in the same demarcated area; and (b) all other plants showing symptoms indicating possible infection by that pest or suspected to be infected by that pest. 2. The Member State concerned shall monitor, at the most appropriate times, the presence of the specified pest by annual surveys, taking into account the information referred to in the Authority’s Pest Survey Card on Xylella fastidiosa . That monitoring shall take place at least in the following parts of the infected zone listed in Annex III: (a) within an area measuring at least 5 km from the border of the infected zone with the buffer zone; (b) in the proximity of the sites of plants with particular cultural and social value located outside the area referred to in point (a) and designated accordingly by the Member State. In those parts of the infected zone, the Member State concerned shall carry out sampling and testing of the species of host plants found infected in the demarcated area, in accordance with Article 2(6). For that purpose, 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 0,7 %. It shall also sample and test the vector population for the presence of the specified pest. 3. Point (a) of paragraph 2 shall not apply in the case of islands which are entirely under containment measures and are situated more than 5 km to the nearest Union land territory. 4. In buffer zones, the Member State concerned shall sample and test the host plants, as well as other plants showing symptoms indicating possible infection by that pest or suspected to be infected by that pest. For that purpose, 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 adjacent to the infected zones pose a higher risk. 5. The Member State shall monitor the presence of the specified pests in vectors in the parts of the infected zone referred to in paragraph 2 and in the buffer zone in order to determine the risk of further spreading posed by vectors and to evaluate the effectiveness of the phytosanitary control measures applied in accordance with Article 14.
Destruction of plants
Article 16
1. The Member State concerned shall, in situ or in a nearby location designated for this purpose within the infected zone listed in Annex III, destroy plants and parts of plants which have been found to be infected by the specified pest, in a manner ensuring that the specified pest is not spread. 2. The Member State concerned may decide to limit the destruction to branches and foliage only and subject the related wood to appropriate phytosanitary treatments in accordance with Article 14(1), where it concludes that those plants do not pose any risk for further spreading of the specified pest. The root system of those plants shall be either removed or devitalised with an appropriate phytosanitary treatment to avoid resprouting.
Other relevant measures for the containment of the specified pest
Article 17
The Member State concerned shall take measures addressing any particularity or complication that could reasonably be expected to prevent, hinder or delay containment, in particular those related to the adequate destruction of all plants that are infected or suspected of infection, or to the accessibility of their location, public or private ownership or the person or entity responsible for them.
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