Amendments to Implementing Regulation (EU) 2022/1193
Article 1
Implementing Regulation (EU) 2022/1193 is amended as follows: (1) in Article 5(4), second subparagraph, point (b) is replaced by the following: ‘(b) the surface water liable to be infected, taking into account the elements listed in point 2(b)(ii) and (iii) of Annex IV.’; (2) in Article 6(1), the first subparagraph is replaced by the following: ‘Specified plants designated as infected by the specified pest pursuant to Article 5(2), point (d)(i), shall not be planted. The professional operators, during the production or movement of the specified plants, shall, under the official supervision of the competent authority, ensure that the infected specified plants are destroyed or are disposed of in another way, in accordance with point 1 of Annex V provided that it is established that there is no identifiable risk of the specified pest spreading.’; (3) Annex II is replaced by the text in the Annex to this Regulation; (4) Annex IV is amended as follows: (a) point 1 is amended as follows: (i) the introductory phrase is replaced by the following: ‘The elements to be considered for the designation of an item as probably infected by the specified pest pursuant to Article 5(2), point (b)(ii), are the following:’; (ii) points (i) and (j) are replaced by the following: ‘(i) place(s) of production of the specified plants using water for irrigation or spraying designated as infected pursuant to Article 5(4), third subparagraph, point (a), or liable to be infected pursuant to Article 5(4), third subparagraph, point (b); (j) specified plants produced on production sites flooded with surface water confirmed to be infected or liable to be infected.’; (b) in point 2, point (b) is replaced by the following: ‘(b) in cases where surface water has been designated as infected pursuant to Article 5(4), third subparagraph, point (a), or liable to be infected pursuant to Article 5(4), third subparagraph, point (b): (i) place(s) of production producing specified plants adjacent to, or at risk from flooding by, the surface water designated as infected or liable to be infected; (ii) any discrete irrigation basin associated with the surface water designated as infected or liable to be infected; (iii) water bodies connected with the surface water designated as infected or liable to be infected, taking into account: — the direction and rate of flow of the water designated as infected or liable to be infected; — the presence of wild solanaceous host plants.’; (5) Annex V, point 4.2(2), is amended as follows: (a) point (b) is replaced by the following: ‘(b) in cases where surface water has been designated as infected pursuant to Article 5(4), third subparagraph, point (a), or liable to be infected pursuant to Article 5(4), third subparagraph, point (b), or included in the elements to be considered in the determination of the possible spread of the specified pest in accordance with point 2 of Annex IV: (i) they shall conduct the annual survey at appropriate times, including sampling of surface water and where appropriate, of wild solanaceous host plants in the relevant water sources and they shall ensure that samples are subject to tests referred to in Annex I; (ii) they shall introduce official controls on irrigation and spraying programmes, including a ban on the use of the water designated as infected and of water liable to be infected for the irrigation and spraying of specified plants, and, where appropriate, other cultivated solanaceous host plants in order to prevent the spread of the specified pest; (iii) in cases where liquid waste discharges are infected, they shall introduce official controls on the disposal of solid or liquid waste discharges from industrial processing or packaging stations handling specified plants of the places of production;’; (b) the following point (c) is added: ‘(c) in cases referred to in the introductory phrase of point (b), the following derogations shall apply: (i) by way of derogation from point (b)(i), Member States may decide to not conduct annual surveys of surface water that has been designated as infected or liable to be infected, as long as there is no indication of change of pest status in the demarcated area; (ii) by way of derogation from point (b)(ii), the use of water subject to that ban may be permitted in greenhouses, under official control, for irrigation and spraying of tomato plants and other host plants intended for final consumption and processing, provided that the water is disinfected by using appropriate methods or is found free from the pest following intensive sampling and testing.’.