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 consisting of:
(a)
a zone including the infested plants and all specified plants which are liable to become infested within a 100 m radius around infested plants (‘infested zone’);
(b)
a buffer zone with a width of at least 2 km beyond the boundary of the infested zone.
2. The delimitation of the demarcated area shall be based on the scientific principles, the biology of the specified pest, the level of infestation, the particular distribution of the host plants in the area concerned and the evidence on the establishment of the specified pest.
3. For the purposes of taking eradication measures referred to in Article 8 and where the competent authority concludes that eradication of the specified pest is possible, taking into account the circumstances of the outbreak, such as its size and location, the level of infestation or the number and distribution of host plants, the width of the buffer zone may be reduced to not less than 1 km.
4. For the purposes of taking containment measures referred to in Article 9, the buffer zone shall be of a width of at least 4 km.
The width of the buffer zone may be reduced to not less than 2 km, taking into account the circumstances of the outbreak, such as its size and location, the level of infestation or the number and distribution of host plants.
5. Where the presence of the specified pest has been officially confirmed in the buffer zone of a demarcated area for containment, Articles 17 and 18 of Regulation (EU) 2016/2031 shall apply.
Derogations from the establishment of demarcated areas
1. By way of derogation from Article 5, the competent authorities may choose not to establish a demarcated area if the following conditions are fulfilled:
(a)
there is evidence that the specified pest has been introduced into the area with the plants on which it was found and those plants were infested before their introduction into the area concerned, or it is an isolated finding, not expected to lead to establishment; and
(b)
it is ascertained that there is no establishment of the specified pest and the spread and successful breeding of the specified pest is not possible due to its biology, based on the results of a specific investigation and eradication measures taken.
2. Where the competent authority uses the derogation provided for in paragraph 1, it shall:
(a)
immediately take measures to ensure the prompt eradication of the specified pest and to exclude the possibility of its spread;
(b)
during at least one life cycle of the specified pest plus one additional year, and at least four consecutive years, monitor a width of at least 1 km around the infested plants or the place where the specified pest was found, regularly and intensively at least during the first year;
(c)
destruct any infested plant material;
(d)
trace back the origin of the infestation and the plants associated with the infestation as far as possible and examine those plants for any sign of infestation, including by targeted destructive sampling;
(e)
raise public awareness of the threat of the specified pest; and
(f)
take any other measure, which may help eradicate the specified pest, taking account of ISPM No 9 ( 6 ) and applying an integrated approach in accordance with the principles set out in ISPM No 14 ( 7 ) .
Lifting of demarcation
1. The demarcation may be lifted when, based on the surveys referred to in Article 8(1), point (h), the specified pest is not detected in a demarcated area for at least one life cycle of the specified pest plus one additional year, in total no less than four consecutive years.
For the purposes of the first subparagraph, the exact length of the life cycle of the specified pest shall depend on evidence that is available for the area concerned or a similar climate zone.
2. The demarcation may also be lifted in cases where the conditions set out in Article 6(1) are fulfilled.
