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Commission Implementing Regulation (EU) 2022/1194 Article 5

Commission Implementing Regulation (EU) 2022/1194 Article 5

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 points 1.2 or 1.3 of Annex I, paragraphs 2 to 9 shall apply. 2.   The competent authority shall establish, without delay, a demarcated area, taking into account the elements listed in point 1 of Annex III, for determining the possible spread of the specified pest. 3.   The demarcated area shall contain an infested zone and, where necessary to address the phytosanitary risk, a buffer zone around the infested zone. 4.   The infested zone shall contain all of the following items: (a) 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 for production, transport and 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; (b) all types of items listed in point (a) determined to be probably infected by the specified pest, taking into account the elements listed in point 2 of Annex III, through pre- or post-harvest contacts, or through simultaneous production steps, with infected specified plants. 5.   The competent authority shall designate: (a) the items listed in paragraph 4, point (a), as infected; (b) the items listed in paragraph 4, point (b), as probably infected. 6.   Tubers originating in a demarcated area shall not be moved out of that demarcated area, unless it is proven that they are free from the specified pest on the basis of the tests referred to in Annex I. 7.   By way of derogation from Article 32 of Implementing Regulation (EU) 2019/1715, Member States are not required to submit an outbreak notification in EUROPHYT where the specified pest is situated in a highly infected area listed in Annex ΙV. 8.   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. 9.   The competent authority 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 7.

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Other provisions in Commission Implementing Regulation (EU) 2022/1194

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of 2026-07-04

CitationArticle 5 of Commission Implementing Regulation (EU) 2022/1194 (LawPlayer, data as of 2026-07-04)

© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.

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