Measures in case of confirmation of the presence of the specified pest
Article 5
1. Where the presence of the specified pest is confirmed in accordance with point 1.2 of Annex I, paragraphs 2 to 6 shall apply. 2. Where the presence of the specified pest is confirmed on specified plants, the competent authority shall, without delay, take all the following measures: (a) establish an investigation to determine the extent and primary source(s) of infection in accordance with Annex III, with further tests in accordance with Article 4(1), on at least all clonally related stocks of tubers for planting; (b) establish a demarcated area, which shall consist at least of an infested zone containing all of the following elements: (i) the specified plants, consignments and/or lots, vehicles, vessels, stores, or units thereof from which an infected specified plant sample was taken, any other objects including packaging material, and the machinery used in production, transport or storage of those specified plants, and, where appropriate, the place(s) of production or the production site(s) where those specified plants were grown or harvested; (ii) all types of items listed in point (i) determined to be probably infected by the specified pest, through pre- or post-harvest contact, or through simultaneous production, irrigation or spraying steps with the infected specified plants and taking into account the elements listed in point 1 of Annex IV; (c) establish, where necessary to address the phytosanitary risk, a buffer zone around the infested zone taking into account the elements of a possible spread of the specified pest as referred to in point 2 of Annex IV; (d) designate: (i) the items listed in point (b)(i) as infected; (ii) the items listed in point (b)(ii) as probably infected. 3. Where the presence of the specified pest is confirmed on crops of solanaceaous host plants other than the specified plants, and where production of the specified plants is identified at risk, the competent authority shall take the following measures: (a) establish an investigation to determine the extent and primary source(s) of infection in accordance with Annex III, with further tests in accordance with Article 4(1), on at least all clonally related stocks of tubers for planting; and (b) establish a demarcated area, which shall consist of an infested zone. The infested zone shall contain the following: (a) the host plants from which the infected sample was taken; (b) the host plants liable to be infected by the specified pest and designated as probably infected, through pre- or post-harvest contact, or through simultaneous production, irrigation or spraying steps with the infected host plants. The competent authority shall designate: (a) the host plants referred to in the second subparagraph, point (a), as infected; (b) the hosts plants referred in the second subparagraph, point (b), as probably infected. 4. Where the presence of the specified pest is confirmed in surface water, in liquid waste discharges from industrial processing or from packaging premises handling specified plants, or on associated wild solanaceous host plants, and where production of the specified plants is identified at risk through irrigation, spraying or flooding with surface water, the competent authority shall take the following measures: (a) establish an investigation in accordance with Annex III, including a survey at appropriate times on samples of surface water and liquid waste, and on wild solanaceous host plants if present, in order to determine the extent of the infection; and (b) establish a demarcated area containing an infested zone taking into account the elements of a possible spread of the specified pest as referred to in point 2 of Annex IV. The infested zone shall contain the following: (a) the surface water from which the infected sample(s) was (were) taken; (b) the surface water liable to be infected, taking into account the elements listed in point 1 of Annex IV. The competent authority shall designate: (a) the surface water referred to in the second subparagraph, point (a), as infected; (b) the surface water referred to in the second subparagraph, point (b), as probably infected. 5. Where a Member State has submitted an outbreak notification in EUROPHYT, the neighbouring Member States which are referred to in the notification shall determine the extent of probable infection and establish a demarcated area in accordance with paragraphs 2, 3 and 4. In case of outbreak in surface water, a notification shall not be required for infected surface water contained in areas that are already demarcated. 6. The competent authorities shall ensure that all of the following elements are retained and properly conserved: (a) the material specified in Article 4(3) until at least the completion of all tests; (b) the material related to the second detection test and to the identification tests when appropriate, until the completion of all tests; (c) if applicable, the pure culture of the specified pest, until at least one month after the notification procedure under paragraph 5.