Commission Implementing Regulation (EU) 2022/1195 of 11 July 2022 establishing measures to eradicate and prevent the spread of Synchytrium endobioticum (Schilbersky) Percival
Commission Implementing Regulation (EU) 2022/1195of 11 July 2022establishing measures to eradicate and prevent the spread of Synchytrium endobioticum (Schilbersky) PercivalTHE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/ECOJ L 317, 23.11.2016, p. 4., and in particular Article 28(1), points (a) to (h), thereof,Whereas:(1)Regulation (EU) 2016/2031 provides the basis for Union legislation on protective measures against pests of plants. As that Regulation establishes a new set of rules, it repeals, with effect from 1 January 2022, several acts which were based on the previous rules in the sector.(2)One of those repealed acts is Council Directive 69/464/EECCouncil Directive 69/464/EEC of 8 December 1969 on control of Potato Wart Disease (OJ L 323, 24.12.1969, p. 1)., which sets out measures against Synchytrium endobioticum (Schilbersky) Percival ("the specified pest"), the pathogenic agent of potato wart disease.(3)Furthermore, since the adoption of that Directive, new technical and scientific developments have taken place concerning the biology and distribution of the specified pest, while new testing methods have been developed to detect and identify it, and other methods to eradicate it and prevent its spread have been approved.(4)It is therefore appropriate to adopt new measures for plants of Solanum tuberosum L., other than seeds ("the specified plants"), to eradicate the specified pest in infested production sites in case it is found present in the Union territory and prevent its spread. Certain measures laid down in Directive 69/464/EEC, in particular those concerning detection and prevention of spread of the specified pest, are, however, still appropriate and therefore should be provided for.(5)The competent authorities should carry out annual, risk-based surveys for the presence of the specified pest, at least by visual inspection, of tubers on the production sites where specified plants are grown or stored, in order to ensure the identification and the eradication of the specified pest if found present.(6)It is appropriate that the rules on surveys include provisions on sampling and testing for the presence of the specified pest, carried out in accordance with the most recent technical and scientific developments. The rules on annual surveys should be adapted to the intended use of the specified plants, to ensure that visual inspections, sampling and testing take place at the most appropriate time and under the most suitable conditions for each plant and its use.(7)Production sites found infested by the specified pest should be officially recorded, and infected plants should be officially designated as infected, in order to ensure their transparent control and the application of the appropriate measures to eradicate the specified pest and prevent its spread.(8)It is therefore appropriate to adopt measures concerning the infested production sites and infected plants, to ensure that the specified pest is eradicated and does not spread further. Those measures should include the establishment of demarcated areas and appropriate measures for sampling, testing and inspections.(9)Potato varieties should be designated as resistant to a particular pathotype of the specified pest, where certain conditions are fulfilled. Testing for such resistance should be carried out in accordance with the most updated technical protocols. That designation is necessary as one of the measures taken to eradicate the specified pest from demarcated areas.(10)The measures taken to eradicate the specified pest should be revoked if the demarcated areas have been found free from the specified pest or following an appropriate waiting period during which no host plants were grown. This is a proportionate approach, given the negligible phytosanitary risk concerning the presence of the specified pest in such areas.(11)In order for the Commission to ensure an overview of the measures taken by Member States in the Union and for Member States to adapt their respective measures as necessary, Member States should notify to the Commission and the other Member States, by 31 January of each year, a list of all new varieties of potatoes, which they have found by official testing to be resistant to the specified pests during the preceding year.(12)This Regulation should enter into force on the third day following that of its publication in the Official Journal of the European Union, to ensure that it applies as soon as possible after the repeal of Directive 69/464/EEC.(13)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,HAS ADOPTED THIS REGULATION: