Introduction into the Union of host plants originating in a third country where the specified pest is known not to be present
Host plants originating in a third country where the specified pest is known not to be present, may only be introduced into the Union where the following conditions are fulfilled:
(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 relevant International Standards for Phytosanitary Measures. 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 at least 80 % confidence a level of presence of infected plants at national level of 1 %;
(b)
the host plants are accompanied by a phytosanitary certificate stating under the rubric ‘Additional Declaration’ that the specified pest is not present in the country;
(c)
host plants have been grown in a site that is subject to annual inspection by the competent authority and, as appropriate for the level of risk, with sampling and testing, listed in Annex IV, carried out at the appropriate times on those plants for the presence of the specified pest;
(d)
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, 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 %;
(e)
on entry into the Union, the host plants have been checked by the competent authority in accordance with Article 33 and the presence of the specified pest has not been found.
Introduction into the Union of host plants originating in a pest free area of an infected country
Host plants originating in a third country where the specified pest is known to be present may only be introduced into the Union where all of the following conditions are fulfilled:
(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 the relevant International Standards for Phytosanitary Measures and on the basis of official surveys based on sampling and testing, using a test listed in Annex IV. 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 at least 80 % confidence a level of presence of infected plants of 1 %;
(b)
the national plant protection organisation of the third country concerned has communicated in writing to the Commission the name of that area;
(c)
the host plants are accompanied by a phytosanitary certificate stating under the rubric ‘place of origin’ that the host plants concerned have spent their entire life in the area referred to in point (a), with specific reference to the name of that area;
(d)
host plants have been grown in a site that is subject to annual inspection by the competent authority and, as appropriate for the level of risk, with sampling and testing, listed in Annex IV, carried out at the appropriate times on those plants for the presence of the specified pest;
(e)
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, 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 %;
(f)
on entry into the Union, the host plants have been checked by the competent authority in accordance with Article 33 and the presence of the specified pest has not been found.
Introduction into the Union of host plants originating in a pest free production site of an infected country
1. Host plants originating in a third country where the specified pest is known to be present may only be introduced into the Union where the following conditions are fulfilled:
(a)
the host plants originate in a production site that has been authorised as pest free by the national plant protection organisation in accordance with Article 31;
(b)
the national plant protection organisation of the third country concerned has communicated in writing to the Commission the list of pest free production sites, including their location within the country;
(c)
the host plants are accompanied by a phytosanitary certificate stating the following:
(i)
under the rubric ‘additional declaration’, that the host plants have been produced for their entire production cycle in one or more sites authorised as pest free by the national plant protection organisation in accordance with Article 31 and that the host plants have been transported in closed containers or packaging, ensuring that infection with the specified pest through its vectors cannot occur;
(ii)
under the rubric ‘place of origin’, the name or code of the pest free production site(s);
(d)
on entry into the Union, the host plants have been checked by the competent authority in accordance with Article 33 and the presence of the specified pest has not been found.
2. Host plants which originate in a third country where the specified pest is known to be present and have been grown for the entire production cycle in vitro, may only be introduced into the Union where the following conditions are fulfilled:
(a)
the host plants meet 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 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 of Article 31 and which have been tested and found free from the specified pest;
(b)
the host plants have been grown in a production site that has been authorised as pest free by the national plant protection organisation in accordance with Article 31;
(c)
the national plant protection organisation of the third country concerned has communicated in writing to the Commission the list of pest free production sites, including their location within the country.;
(d)
the host plants are accompanied by a phytosanitary certificate stating the following:
(i)
under the rubric ‘additional declaration’, that the host plants have been produced in vitro for their entire production cycle in one or more sites authorised as pest free by the national plant protection organisation in accordance with Article 31 and that the host plants have been transported in closed containers or packaging, ensuring that infection with the specified pest or any of its known vectors cannot occur;
(ii)
under the rubric ‘place of origin’, the name or code of the pest free production site.
Authorisation of production sites as pest free
A production site may only be authorised as pest free where all of the following conditions are fulfilled:
(a)
the production site has been declared by the national plant protection organisation as an insect-proof site free from the specified pest and its vectors, in accordance with the relevant International Standards for Phytosanitary Measures;
(b)
the production site has undergone 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 efficient chemical, biological or mechanical methods based on local conditions;
(c)
the production site is subjected annually to at least two inspections by the competent authority, at the most appropriate time;
(d)
as close as possible to the time of movement, the host plants originating in the production site have been subjected to molecular testing for the presence of the specified pest using a test listed in Annex IV and using a sampling scheme able to identify with at least 90 % confidence a level of presence of infected plants of 1 %.
Where during the annual inspections, the competent authorities detect the presence of the specified pest, or damages compromising the insect-proof conditions of the pest free production site, they shall immediately revoke the authorisation of the site and temporarily suspend the movement of the host plants. They shall immediately inform the Commission thereof.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
