Derogations from the obligation to establish demarcated areas
Article 6
1. By way of derogation from Article 5(1), the competent authorities may choose not to establish a demarcated area, if all of the following conditions are fulfilled: (a) there is evidence that the presence of the specified pests is an isolated finding, not expected to lead to establishment; (b) there is evidence that the specified pests have not spread further; and (c) the specified vectors are known not to be present in an area with a width of at least 3 km surrounding the finding or the finding has occurred in a production site with physical isolation and there is evidence that the specified vectors cannot establish outdoors. 2. Where the competent authority applies the derogation provided for in paragraph 1, it shall: (a) immediately remove and destroy the infected plants, the symptomatic specified plants, and their adjacent specified plants; (b) immediately intensify the visual examination for the presence of symptoms of the specified pests, and molecular testing on the specified plants, in accordance with the relevant international standards; (c) take measures in an area of at least 500 m surrounding the infected plant to ensure the prompt eradication of the specified pests and to exclude the possibility of their spread; (d) during at least 3 years, regularly and intensively survey a width of at least 500 m around the site where the specified pests were found, unless, following the removal of the infected plants, the symptomatic specified plants, and their adjacent specified plants referred to in point (a), no other specified plants are present in the area of at least 500 m around the site where the specified pests were found; (e) as far as possible trace back the origin of the infection and the pathway associated with the infection; (f) raise public awareness of the threat of the specified pests; and (g) take any other measure, which may help with the eradication of the specified pests. 3. The delimitation of the demarcated area shall be based on the scientific principles, the biology of the specified pests, the presence of the specified vectors, the level of infection, the distribution of the specified plants in the area concerned, the evidence of establishment of the specified pests and the type of the risk area. 4. Where the presence of the specified pests is confirmed in the buffer zone, eradication measures shall be taken in accordance with Article 9 and the delimitation of the infected zone and buffer zone shall be reviewed and modified accordingly. 5. Where the presence of the specified pests is confirmed in the specified vectors but not in the specified plants, the competent authorities shall carry out intensified surveys for the presence of the specified pests on the specified plants within the demarcated area established pursuant to Article 18 of Regulation (EU) 2016/2031. 6. Within the demarcated areas, the competent authorities shall raise public awareness concerning the threat of the specified pests and the measures adopted to prevent their further spread outside of those areas. They shall also ensure that the professional operators and the general public become aware of the delimitation of the demarcated areas.