Amendments to Implementing Decision 2012/535/EU
Article 1
Implementing Decision 2012/535/EU is amended as follows: (1) In Article 1, the following point (h) is added: ‘(h) “plant affected by fire or storm” means any susceptible plant which is damaged by fire or storm in a way which allows oviposition by the vector.’ (2) Article 4(2) is replaced by the following: ‘2. The contingency plan shall set out the following: (a) a specific section providing a summary information on the assessment of the risk of PWN for the Member State concerned, including background information on the biology of PWN, expected symptoms and affected hosts, as well as detection methods, main pathways for entry and further spread, including recommendations of how the risk of entry, establishment and spread can be reduced; (b) the roles and responsibilities of the bodies involved in the execution of the plan in the event of an officially confirmed or suspected presence of PWN, as well as the chain of command and procedures for the coordination of actions to be taken by responsible official bodies, other public authorities, delegated bodies or natural persons involved, laboratories and operators; (c) the conditions of access of responsible official bodies to the premises of operators and other persons; (d) the conditions of access of responsible official bodies, where necessary, to laboratories, equipment, personnel, external expertise and resources necessary for the rapid and effective eradication or, where appropriate, containment of PWN; (e) the measures to be taken concerning the provision of information to the Commission, the other Member States, the operators concerned and the public as regards the presence of PWN and the measures taken against PWN in the event that its presence is officially confirmed or suspected; (f) the arrangements for recording findings of the presence of PWN; (g) the protocols describing the methods of visual examinations, sampling and laboratory testing; (h) the procedures, and persons responsible, for the coordination framework with neighbouring Member States and, where applicable, neighbouring third countries. The content of the contingency plan shall take into account the risk that the specified organism poses to the Member State concerned.’ (3) Article 9(3) is replaced by the following: ‘3. Member States shall communicate to the Commission and the other Member States by 30 April of each year a report on the results of the measures taken pursuant to Articles 6 and 7 between 1 April of the preceding year and 31 March of the year of the communication. That report shall include all of the following elements: (a) number and locations of findings of the presence of PWN, including maps, identified respectively for the infested zone and buffer zone; (b) number of dead plants, plants in poor health or affected by fire or storm that were identified, with specification of the number of plants which were completely destroyed by forest fires or storm; (c) number of dead plants, plants in poor health or affected by fire or storm that were sampled; (d) number of samples taken on dead plants, plants in poor health or affected by fire or storm and tested for the presence of PWN; (e) number of samples tested positive for PWN; (f) number of dead plants and plants in poor health or affected by fire or storm which have been eliminated, with specification of the number of plants which were identified before the start of the relevant period; (g) number and location of traps and monitoring period, as well as the number of vectors trapped, the species concerned, number of vectors analysed for the presence of PWN, number of samples analysed for the presence of PWN in the buffer and infested zones respectively, including the number of samples tested positive for PWN, if any. Member States shall collect the information referred to in points (b) and (f) during the following periods: 1 January to 31 March, 1 April to 31 October and 1 November to 31 December of the preceding year and 1 January to 31 March of the year of the communication. When communicating that information, Member States shall make reference to the collection period concerned.’ (4) In Article 11(3), the first subparagraph is replaced by the following: ‘3. Member States shall, by 30 April of each year, communicate to the other Member States and the Commission the time and results of the checks referred to in paragraphs 1 and 2 carried out during the preceding year.’ (5) Annexes I and II are amended as set out in the Annex to this Decision.