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 for the purpose of eradication of the specified pest.
2. Following an official confirmation of the presence of the specified pest and the establishment of the demarcated area referred to in paragraph 1, the competent authorities shall, without delay, determine the level of infestation through a delimiting survey.
3. When, on the basis of the results of the survey referred to in Article 8, during at least four consecutive years it is concluded that the level of infestation by the specified pest is such that makes its eradication impossible, the competent authorities shall immediately notify to the Commission the details of the new demarcated area for containment that they intend to designate or modify, in order for such area to be included in the list of demarcated areas for containment in Annex I.
4. The demarcated area shall consist of the following:
(a)
a zone including all infested plants and all specified plants which are liable to become infested, within at least 100 m radius around infested plants (‘infested zone’);
(b)
a buffer zone:
(i)
with a width of at least 2 km beyond the boundary of the infested zone in the case of a demarcated area for the eradication of the specified pest;
(ii)
with a width of at least 4 km beyond the boundary of the infested zone, in the case of a demarcated area for containment.
5. The delimitation of the demarcated area shall take into account 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 of establishment of the specified pest.
It shall be based on a delimiting survey with a design and sampling scheme allowing to detect with a 95 % level of confidence, a 1 % of presence of infested plants. The survey shall be based on the Authority’s Guidelines for statistically sound and risk-based surveys.
6. For the purposes of taking the eradication measures referred to in Article 9, the width of the buffer zone may be reduced to no less than 1 km 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.
In the case of a demarcated area for containment, the width of the buffer zone may be reduced to not less than 2 km, if the competent authority considers that distance to be appropriate for the containment of the specified pest, 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.
Within the demarcated areas, the competent authorities shall ensure that the general public and professional operators are aware of the delimitation of the demarcated areas.
Derogation 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, or establish it provisionally, if there is evidence that:
(a)
the specified pest has been introduced into the area with the plants, wood or wood packaging material on which it was found, and those plants, wood or wood packaging material were infested before their introduction into the area concerned and no multiplication of the specified pest has occurred or it is an isolated finding, not expected to lead to establishment; and
(b)
there is no establishment of the specified pest, and the spread or 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)
take immediate 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 not less than four consecutive years, survey a width of at least 1 km around the infested plants or the place where the specified pest was found and regularly and intensively, in accordance with Article 3, during at least the first flying period of the specified pest;
(c)
trace back the origin of the infestation, examining the specified plants, specified wood or wood packaging material around the finding for any sign of infestation, including by targeted destructive sampling, to discard the presence of larvae;
(d)
raise public awareness of the threat of the specified pest; and
(e)
take any other measure, which may help eradicate the specified pest, taking account of ISPM No 9 ( 7 ) and applying an integrated approach in accordance with the principles set out in ISPM No 14 ( 8 ) .
The survey referred to in point 2(b) shall not be required in cases where the presence or emergence of adults of the specified pest in the host plant, specified wood or specified wood packaging material can unequivocally be excluded and the reasons for that conclusion have been communicated to the Commission in writing.
Abolition of the demarcated area
1. A demarcated area may be abolished when, based on the surveys referred to in Article 8, the specified pest is not detected in the demarcated area for at least four consecutive years.
2. The demarcation may also be lifted in cases where the conditions set out in Article 6(1) are fulfilled.
Annual surveys in demarcated areas
1. In the demarcated areas, the competent authorities shall carry out intensive annual surveys on the host plants, as referred to in Article 19(1) of Regulation (EU) 2016/2031, to detect the presence of the specified pest taking into account the information referred to in the pest survey card and in accordance with paragraphs 2 to 5 of this Article.
2. Where appropriate, the competent authority shall carry out targeted destructive sampling.
3. In the cases where sentinel plants are used, those specified plants shall be subject to inspections at least once per month. They shall be destroyed and examined, at the latest, before the specified pest is able to complete one full life cycle in the area as determined by the competent authority concerned.
4. The survey design shall take into account the Authority’s General guidelines for statistically sound and risk-based surveys. The survey design and sampling scheme used for detection surveys shall be able to identify with at least 95 % of confidence, a level of presence of the specified pest of 1 %.
5. The competent authority shall carry out annual surveys at appropriate times for the presence of the specified pest through inspections on host plants, within at least a width of 1 km of a treatment or processing facility of specified wood and wood packaging material and bark.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
