Movement out of a demarcated area, and from the respective infected zones into the buffer zones, of specified plants which have been grown in authorised production sites located in that demarcated area
The movement out of a demarcated area, and from the respective infected zones into the buffer zones, of specified plants which have been grown in a production site located in that demarcated area, may only be allowed where all of the following conditions are fulfilled:
(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 the last three years;
(b)
throughout the time of growth of the specified plants, neither the presence of the specified pest nor that of its vectors were found in the site;
(c)
the specified plants are subject to phytosanitary treatments against the vector population, in all its stages, at appropriate times of the year to maintain freedom from vectors of the specified pest. Those treatments shall include, as appropriate, efficient chemical, biological or mechanical methods, taking into account the local conditions;
(d)
the specified plants are transported through or within the demarcated area in closed containers or packaging, ensuring that infection with the specified pest or any of its vectors cannot occur;
(e)
as close as possible to the time of movement, the specified plants have been subjected to molecular testing for the presence of the specified pest on the basis of a test listed in Annex IV, using a sampling scheme able to identify with at least 80 % confidence a level of presence of infected plants of 1 %.
Movement out of a demarcated area, and from the respective infected zones into the buffer zones, of specified plants which have never been found infected in that demarcated area
The movement out of a demarcated area, and from the respective infected zone into the buffer zones, of specified plants which have never been found infected in that demarcated area, may only be allowed where all of the following conditions are fulfilled:
(a)
the specified plants have been grown in a site that belongs to a professional operator registered in accordance with Article 65 of Regulation (EU) 2016/2031;
(b)
the specified plants belong to species of plants which have been grown for at least part of their life in a demarcated area and have been subjected, during three years from the establishment of the demarcated area, to survey activities as referred to in Articles 10 and 15 and never found to be infected with the specified pest;
(c)
the species of the specified plants referred to in point (b) are published in the Commission database of host plants which are not known to be infected in that specific demarcated area;
(d)
the specified plants are subject to phytosanitary treatments against the vector population, in all its stages, at appropriate times of the year to maintain freedom from vectors of the specified pest. Those treatments shall include, as appropriate, efficient chemical, biological or mechanical methods based on local conditions;
(e)
as practically close to the time of movement as possible, the lots of the specified plants were subjected to inspection and molecular testing by the competent authority, using a sampling scheme able to identify with at least 95 % confidence a level of presence of infected plants of 1 %;
(f)
as practically close to the time of movement as possible, the lots of the specified plants were subjected to phytosanitary treatments against all vectors of the specified pest.
Movement out of a demarcated area, and from the respective infected zones into the buffer zones, of specified plants which have been grown for the entire production cycle in vitro in that demarcated area
The movement out of a demarcated area, and from the respective infected zones into the buffer zones, of specified plants which have been grown for the entire production cycle in vitro in that demarcated area, may only be allowed where all of the following conditions are fulfilled:
(a)
the specified plants have been grown for their entire production cycle in a site that has been authorised in accordance with Article 24;
(b)
the specified plants have been grown in a transparent container under sterile conditions and fulfil one of the following conditions:
(i)
they have been grown from seeds;
(ii)
they have been propagated, under sterile conditions, from mother plants which have spent their entire lives in an area of the Union territory free from the specified pest and which have been tested and found free from the specified pest;
(iii)
they have been propagated, under sterile conditions, from mother plants which have been grown in a site fulfilling the conditions laid down in Article 19 and which have been tested and found free from the specified pest using a sampling scheme able to identify with at least 95 % confidence a level of presence of infected plants of 1 %;
(c)
the specified plants are transported through or within demarcated areas in a container under sterile conditions that precludes the possibility of infection by the specified pest through its vectors.
Movement out of a demarcated area, and from the respective infected zones into the buffer zones, of dormant plants of Vitis which have been grown for part of their life in that demarcated area
Movement out of a demarcated area, and from the respective infected zones into the buffer zones, of dormant plants of Vitis intended for planting, other than seeds, which have been grown for part of their life in that demarcated area and are listed as specified plants for that demarcated area, may only be allowed where all of the following conditions are fulfilled:
(a)
the plants have been grown in a site that belongs to an operator registered in accordance with Article 65 of Regulation (EU) 2016/2031;
(b)
as practically close to the time of movement as possible, the plants have undergone an appropriate thermotherapy treatment in a treatment facility authorised and supervised by the competent authority for that purpose, whereby the dormant plants are submerged for 45 minutes in water heated to 50 °C.
Movement within the infected zones, within the buffer zones, and from the buffer zones into their respective infected zones, of specified plants which have been grown for part of their life in a demarcated area
The movement within the infected zones, within the buffer zones, and from the buffer zones into their respective infected zones, of specified plants which have been grown for at least part of their life in a demarcated area may only be allowed where all of the following conditions are fulfilled:
(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;
(b)
that site is subject to annual sampling and testing by the competent authority for the presence of the specified pest, taking into account the information set out in the Authority’s Pest Survey Card on Xylella fastidiosa ;
(c)
the results of the annual inspection and of the testing of a representative sample confirm the absence of the specified pest;
(d)
the specified plants are subject to phytosanitary treatments against the vector population, in all its stages, at appropriate times of the year to maintain freedom from vectors of the specified pest. Those treatments shall include, as appropriate, efficient chemical, biological or mechanical methods, taking into account the local conditions;
(e)
the professional operators shall ask the person receiving those plants to sign a declaration that those plants are not going to be moved out of those zones.
Authorisation of production sites
1. The competent authority may only authorise a production site for the purposes of Articles 19 and 21 where it fulfils all of the following conditions:
(a)
it is registered in accordance with Article 65 of Regulation (EU) 2016/2031;
(b)
it has been authorised by the competent authority as 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.
2. Where, during the annual inspections, the competent authorities detect the presence of the specified pest, or damages to the physical protection referred to in point (b) of paragraph 1, they shall immediately revoke the authorisation of the site and temporarily suspend the movement of the specified plants out of the demarcated areas concerned, and from the respective infected zones into the buffer zones.
3. Each Member State shall establish and update a list of all sites authorised in accordance with paragraph 1.
It shall transmit that list to the Commission and the other Member States immediately after establishing or updating that list.
Movement within the Union of specified plants which have never been grown inside a demarcated area
1. Specified plants which have never been grown inside a demarcated area may only be moved within the Union where they have been grown in a site that fulfils the following conditions:
(a)
it belongs to a professional operator registered in accordance with Article 65 of Regulation (EU) 2016/2031 and is subject to annual inspection by the competent authority;
(b)
it is subject, as appropriate for the level of risk, to sampling and testing for the presence of the specified pest, using a test listed in Annex IV and taking into account the information set out in the Authority’s Pest Survey Card on Xylella fastidiosa .
2. By way of derogation from paragraph 1, plants for planting, other than seeds, of Coffea, Lavandula dentata L., Nerium oleander L., Olea europaea L., Polygala myrtifolia L. and Prunus dulcis (Mill.) D.A. Webb, may only be moved for the first time within the Union where the following conditions are fulfilled:
(a)
they have been grown in a site that is subject to annual inspection by the competent authority;
(b)
that site is subject to sampling and testing for the presence of the specified pest, taking into account the information set out in the Authority Pest Survey Card on Xylella fastidiosa and using a sampling scheme able to identify with at least 80 % confidence a level of presence of infected plants of 1 %.
Movement within the Union of pre-basic mother plants or pre-basic material, which have been grown outside a demarcated area
Pre-basic mother plants as defined in Article 1(3) of Commission Implementing Directive 2014/98/EU ( 11 ) or pre-basic material as defined in Article 2(5) of Council Directive 2008/90/EC ( 12 ) which belong to the species Juglans regia L., Olea europaea L., Prunus amygdalus Batsch, P. amygdalus x P. persica , P. armeniaca L., P. avium (L.) L., P. cerasus L., P. domestica L., P. domestica x P. salicina, P. dulcis (Mill.) D.A. Webb, P. persica (L.) Batsch, and P. salicina Lindley and which have been grown outside a demarcated area and spent at least part of their life outside insect-proof facilities, may only be moved within the Union where they are accompanied by a plant passport and the following conditions have been fulfilled:
(a)
they have been certified in accordance with Article 1 of Commission Implementing Decision (EU) 2017/925 ( 13 ) ;
(b)
within the shortest possible time prior to their movement, they have been subjected to visual inspection, sampling and molecular testing for the presence of the specified pest carried out in accordance with International Standards for Phytosanitary Measures.
Plant passports
The plants referred to in Articles 19 to 26 shall only be moved within the Union if accompanied by a plant passport, subject to the requirements of Articles 78 to 95 of Regulation (EU) 2016/2031.
In the case of the specified plants referred to in Article 23, the following additional conditions shall apply:
(a)
in the case where they move within the infected zones only, the indication ‘Infected 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;
(b)
in the case where they move within the buffer zone, or from the buffer zone into the infected zone, the indication ‘Buffer Zone and Infected 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.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
