Amendments to Implementing Regulation (EU) 2020/1201
Article 1
Implementing Regulation (EU) 2020/1201 is amended as follows: (1) in Article 1, the following point is added: ‘(d) “vector” means Cicadomorpha insects known to transmit the specified pest to plants, or any other insect suspected of transmitting the specified pest to plants.’; (2) Article 2 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. Member States shall conduct annual surveys of the host plants, and any other plant species in case of suspicion of infection, for the detection of the specified pest in their territory. Those surveys may also cover vectors.’ ; (b) in paragraph 3, the following subparagraph is added: ‘In those Member States where the specified pest cannot become established in open air due to the ecoclimatic conditions, surveys shall be carried out only in locations, other than in open air, where host plants are grown and are likely to pose a risk for spread of the specified pest to the Union territory.’; (c) paragraph 4 is replaced by the following: ‘4. Those surveys shall consist in the collection of samples and testing of plants for planting, and, if applicable, of vectors. Taking into account the European Food Safety Authority’s (Authority) Guidelines for statistically sound and risk-based surveys of Xylella fastidiosa , the survey design and the sampling scheme used shall enable detecting with a sufficient level of confidence, a low level of presence of the specified pest within the Member State concerned. 4a. Where the presence of the specified pest is confirmed in a vector, in an area where the specified pest is not known to be present, the Member State concerned shall, without delay, carry out surveys in a radius of at least 400 m around the finding of the infected vector, as well as sampling and testing of host plants and any other plant species in case of suspicion of infection.’ ; (3) in Article 4(1), the first subparagraph is replaced by the following: ‘Where the presence of the specified pest is officially confirmed in plants, the Member State concerned shall without delay establish a demarcated area.’; (4) Article 5(4) is amended as follows: (a) point (a) is replaced by the following: ‘(a) carry out, in the area where the presence of the specified pest was first confirmed, an annual survey for at least 1 year to determine whether any other plants have been infected and whether any further measures should be taken;’; (b) the following subparagraph is added: ‘The survey referred to in point (a) of the first subparagraph shall consist in the collection of samples for testing using one of the molecular tests listed in Annex IV. The survey design and sampling scheme shall enable the identification with at least 90 % confidence a level of presence of 1 % of infected plants;’; (5) Article 7 is amended as follows: (a) paragraph 1 is amended as follows: (i) point (e) is replaced by the following: ‘(e) specified plants, other than the ones referred to in points (c) and (d), which have not been immediately subject to sampling and molecular testing.’; (ii) the following subparagraphs are added: ‘The specified plants referred to in the first subparagraph, point (e), which have been tested negative for the presence of the specified pest do not have to be removed. By way of derogation from point (e), Member States may decide to not immediately sample and test those specified plants that have not been found infected by the specified pest in that demarcated area in the last 2 years, on the basis of the results of the sampling and testing carried out in line with point (e) and the surveys under Article 10. However, those plants shall be subjected to the annual surveys carried out in accordance with Article 10.’; (b) in paragraph 3, the introductory phrase is replaced by the following: ‘By way of derogation from points (b), (c) and (d) of paragraph 1, Member States may decide not to remove individual specified plants officially designated as plants with historic value or trees with a particular social, cultural or environmental value whose felling would have an unacceptable impact or are subject to specific national or Union rules for their protection, provided that all of the following conditions have been fulfilled:’; (6) Article 8 is replaced by the following: ‘Article 8 Measures against the vectors of the specified pest 1. In the infected zone, the Member State concerned shall apply appropriate phytosanitary treatments against all the stages of the vector population of the specified pest. In particular, it shall apply those treatments prior and during the removal of the plants referred to in Article 7(1), during the flight season of the vectors. Those practices shall include efficient chemical, biological or mechanical treatments against the vectors, taking into account the local conditions. 2. The Member State concerned shall apply: (a) in agricultural areas, in the infected zone and buffer zone, agricultural practices for the control of the vector population of the specified pest, in all its stages, at the most appropriate time of the year, regardless of the removal of the plants concerned; (b) in areas other than agricultural areas, at least in the infected zones, measures for the control of the vector population of the specified pest, in all its stages, at the most appropriate time of the year, regardless of the removal of the plants concerned. The agricultural practices referred to in point (a) of the first subparagraph and measures referred to in point (b) of the first subparagraph shall include efficient chemical, biological or mechanical treatments against the vectors, as appropriate, taking into account the local conditions.’ ; (7) in Article 9, the following paragraph is added: ‘3. When the competent authority of the Member State concerned decides not to destroy the wood referred to in paragraph 2, it shall verify that it is free from leaves and branches.’ ; (8) in Article 14, paragraph 1 is replaced by the following: ‘1. The Member State concerned shall apply appropriate phytosanitary treatments against all the stages of the vector population of the specified pest on the plants referred to in Article 13(1) prior to their removal, in particular during the flight season of the vectors, 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.’ ; (9) in Article 15(2), first subparagraph, point (a) is replaced by the following: ‘(a) within an area measuring at least 2 km from the border of the infected zone with the buffer zone;’; (10) in Article 16, the following paragraph is added: ‘3. When the competent authority of the Member State concerned decides not to destroy the wood referred to in paragraph 2, it shall verify that it is free from leaves and branches.’ ; (11) Article 18 is amended as follows: (a) points (b) and (c) are replaced by the following: ‘(b) those specified plants are planted or grafted in the infected zones listed in Annex III, but outside the area referred to in Article 15(2), point (a), and preferably belong to varieties assessed as being resistant or tolerant to the specified pest or belong to the same species of plants which have been tested and found free from the specified pest on the basis of surveys carried out in the infected zone at least in the past 2 years; (c) those specified plants belong to the same species of plants which have been tested and found free from the specified pest on the basis of the survey activities carried out for at least the past two years in accordance with Article 10 and they are replanted in the infected zones established for the purpose of eradication;’; (b) the following point is added: ‘(d) specified plants other than those referred to in point (b) may be planted for scientific purposes provided that they are planted outside of the areas referred to in Article 15(2), first subparagraph, point (a).’; (12) in Article 19, point (a) is replaced by the following: ‘(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 1 year;’; (13) in Article 23, point (a) is replaced by the following: ‘(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 and in the case of an infected zone, the site fulfills the requirements of Article 18;’; (14) in Article 24(1), points (b) and (c) are replaced by the following: ‘(b) it is 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, with the last one including sampling and testing as close as possible to the time of the movement.’; (15) in Article 25(2), the introductory phrase is replaced by the following: ‘By way of derogation from paragraph 1, plants for planting, other than seeds, of Coffea L., Lavandula angustifolia Mill. , Lavandula dentata L., Lavandula x intermedia Emeric ex Loisel. , Lavandula latifolia Medik., Lavandula stoechas L. , Nerium oleander L., Olea europaea L., Polygala myrtifolia L., Prunus dulcis (Mill.) D.A.Webb and Salvia rosmarinus Spenn. may only be moved for the first time within the Union territory, where the following conditions are fulfilled:’; (16) in Article 27, second paragraph, point (b) is replaced by the following: ‘(b) in the case where they move within the buffer zone, or from the buffer zone into the infected zone, the indication “Buffer 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.’; (17) Article 28 is amended as follows: (a) point (a) is replaced by the following: ‘(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 ISPM No 4 ( *1 ) and 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 a sufficient level of confidence, a low level of presence of the specified pest; ( *1 ) ISPM No 4 “Requirements for the establishments of pest free areas”.’;" (b) point (d) is replaced by the following: ‘(d) plants for planting, other than seeds, of Coffea L., Lavandula angustifolia Mill. , Lavandula dentata L., Lavandula x intermedia Emeric ex Loisel. , Lavandula latifolia Medik., Lavandula stoechas L. , Nerium oleander L., Olea europaea L., Polygala myrtifolia L., Prunus dulcis (Mill.) D.A.Webb and Salvia rosmarinus Spenn. 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 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 %;’; (18) Article 29 is amended as follows: (a) point (a) is replaced by the following: ‘(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 ISPM No 4 and on the basis of official surveys based on sampling and testing, using a test listed in Annex IV and 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 a sufficient level of confidence, a low level of presence of the specified pest;’; (b) point (c) is replaced by the following: ‘(c) the host plants are accompanied by a phytosanitary certificate stating that they have spent their entire life in the area referred to in point (a), with specific reference to the name of that area;’; (c) point (e) is replaced by the following: ‘(e) plants for planting, other than seeds, of Coffea L., Lavandula angustifolia Mill. , Lavandula dentata L., Lavandula x intermedia Emeric ex Loisel. , Lavandula latifolia Medik., Lavandula stoechas L. , Nerium oleander L., Olea europaea L., Polygala myrtifolia L., Prunus dulcis (Mill.) D.A.Webb and Salvia rosmarinus Spenn. 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 %;’; (19) Article 30 is amended as follows: (a) in paragraph 1, point (c)(ii) is replaced by the following: ‘(ii) the name or code of the pest free production site(s);’; (b) in paragraph 2, point (d)(ii) is replaced by the following: ‘(ii) the name or code of the pest free production site(s).’; (20) in Article 35, paragraphs 2 and 3 are deleted; (21) The Annexes are amended in accordance with Annex I to this Regulation.