Derogations for the establishment of demarcated areas
Article 5
1. By way of derogation from Article 4, the buffer zone surrounding the infected zone established for the purpose of eradication may be reduced to a width of no less than 1 km, where there is a high degree of confidence that the initial presence of the specified pest did not result in its spread and where all of the following conditions have been fulfilled: (a) all specified plants located in the infected zone, irrespective of their health status, have been immediately sampled and removed; (b) no other plants have been found infected by the specified pest in the infected zone since the eradication measures have been taken, on the basis of official tests carried out at least once during the course of the year, taking into account the Authority’s Pest Survey Card on Xylella fastidiosa ; (c) a survey has been carried out at least once during the first year following the identification of the specified pest in a zone with a width of at least 2,5 km surrounding the infected zone, which shows that the specified pest has not been found present in that zone. The Member State concerned shall sample and test the host plants located in that zone. For that purpose, and taking into account the Authority’s Guidelines for statistically sound and risk-based surveys of Xylella fastidiosa, the survey design and sampling scheme shall be able to identify with at least 90 % confidence a level of presence of infected plants of 1 %, taking into account that the first 400 m surrounding the infected plants has a higher risk compared to the other part of that area; (d) no vectors carrying the specified pest have been detected in the infected zone and its immediate vicinity since the eradication measures have been taken, on the basis of tests carried out twice during the flight season of the vector, and in accordance with International Standards for Phytosanitary Measures. Those tests shall lead to the conclusion that the natural spread of the specified pest is excluded. 2. When reducing the width of the buffer zone pursuant to paragraph 1, the Member State concerned shall immediately notify the Commission and the other Member States of the justification for that reduction. 3. By way of derogation from Article 4, the Member State concerned may decide not to establish a demarcated area immediately, where all of the following conditions are fulfilled: (a) there is evidence that the specified pest was recently introduced into the area with the plants on which it was found, or that the specified pest has been found in a site with physical protection from the vectors of that pest; (b) the results of inspection activities indicate that those plants were infected before their introduction into the area concerned; (c) no vectors carrying the specified pest have been detected, on the basis of tests carried out in the vicinity of those plants. 4. In the case referred to in paragraph 3, the Member State concerned shall: (a) carry out, in the area where the presence of the specified pest was first confirmed, an annual survey for at least two years to determine whether any other plants have been infected and whether any further measures should be taken; (b) notify to the Commission and the other Member States the justification for not establishing a demarcated area, and the outcome of the survey referred to in point (a) as soon as it becomes available.