Commission Implementing Regulation (EU) 2022/2095 of 28 October 2022 establishing measures to prevent the introduction into, establishment and spread within the Union territory of Anoplophora chinensis (Forster) and repealing Decision 2012/138/EU
Commission Implementing Regulation (EU) 2022/2095of 28 October 2022establishing measures to prevent the introduction into, establishment and spread within the Union territory of Anoplophora chinensis (Forster) and repealing Decision 2012/138/EUTHE 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) and (2) and Article 41(2) thereof,Whereas:(1)Commission Implementing Decision 2012/138/EUCommission Implementing Decision 2012/138/EU of 1 March 2012 as regards emergency measures to prevent the introduction into and the spread within the Union of Anoplophora chinensis (Forster) (OJ L 64, 3.3.2012, p. 38). provides for measures to prevent the introduction into, and the spread within, the Union territory of Anoplophora chinensis (Forster) ("the specified pest").(2)The recent outbreaks of the specified pest in some Member States and the experience gained during the application of Implementing Decision 2012/138/EU show the need to update those measures to have a more targeted approach for the surveillance and control of the specified pest in the Union territory.(3)Article 1, point (a), of Implementing Decision 2012/138/EU includes a list of specified plants, hosts of the specified pest on which that pest has been reported in the Union territory. Those specified plants are subject to requirements for introduction into, movement within the Union territory, and eradication or containment of that pest.(4)These specified plants are still of phytosanitary concern. Therefore, this Regulation should also provide for such a list of specified plants, subject to the respective measures. Following findings of the specified pest on Vaccinium corymbosum, Melia spp., Ostrya spp. and Photinia spp. plants and since those plants are host plants of the specified pest, they should be added to that list.(5)The host plants present in the Union territory, namely plants of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., Carpinus spp., Chaenomeles spp., Citrus spp., Cornus spp., Corylus spp., Cotoneaster spp., Crataegus spp., Cryptomeria spp., Fagus spp., Ficus spp., Hibiscus spp., Lagerstroemia spp., Malus spp., Melia spp., Morus spp., Ostrya spp., Parrotia spp., Photinia spp., Platanus spp., Populus spp., Prunus laurocerasus, Pyrus spp., Rosa spp., Salix spp. and Ulmus spp. and Vaccinium corymbosum, should be subject to annual surveillance in order to ensure that their list is up-to-date and based on the technical and scientific developments.(6)In order to ensure a better overview of the presence of the specified pest, Member States should intensify the annual surveys for that presence and employ methods in line with the latest scientific and technical information.(7)In order to eradicate the specified pest and prevent its spread in the Union territory, Member States should establish demarcated areas consisting of an infested zone and a buffer zone and apply eradication measures. The width of a buffer zone should be 2 km, as this is appropriate taking into account the spreading capacity of the specified pest.(8)However, in cases of isolated occurrences of the specified pest, the establishment of a demarcated area should not be required if the specified pest can be eliminated from those plants, and if there is evidence that those plants were infested before their introduction into the area, or that it is an isolated finding, not expected to lead to establishment. This is the most proportionate approach, as long as the surveys carried out in the area concerned confirm the absence of the specified pest.(9)In certain areas of the Union territory, the eradication of the specified pest is no longer possible. The Member States concerned should therefore be allowed to apply measures for the containment of that pest within those areas, instead of eradication. Those measures should be less stringent than the measures for eradication, but they should ensure a diligent survey approach and more precautionary actions, mainly in the respective buffer zones, in order to prevent the spread of the specified pest to the rest of the Union territory.(10)Member States should notify to the Commission and to the other Member States every demarcated area for containment that they intend to designate or modify, in order for the Commission to obtain an overview of the spread of the specified pest in the Union territory, and to be able to review this Regulation and include that area in a list of demarcated areas for containment.(11)In order to ensure the immediate removal of the infested plants and prevent further spread of the specified pest to the rest of the Union territory, the surveys of the buffer zones should be carried out annually at the most appropriate time of the year and with sufficient intensity, taking into account the possibility for the competent authorities to further monitor the host plants in the infested zones for containment.(12)Plant species which are known to be susceptible to the specified pest detected in the demarcated area and which have been grown for at least part of their life in that demarcated area or have been moved through such an area, are more likely to become infested with the specified pest. Therefore, it is justified to establish special requirements for the movement within the Union territory of the specified plants.(13)With the aim of facilitating trade while protecting plant health, host plants originating in a third country where that pest is not present should, when introduced into the Union territory, be accompanied by a phytosanitary certificate including an additional declaration stating that that country is free from the specified pest.(14)In order to ensure that host plants introduced into the Union territory from areas of third countries where the specified pest is known to be present, are free from the specified pest, the requirements for their introduction into the Union territory should be similar to those set out for movement of specified plants originating in demarcated areas.(15)In light of the latest scientific and technical evidence, survey activities carried out by third countries to confirm the absence of the specified pest in areas of their territory or in production sites authorised to export to the Union territory should be intensified.(16)It is appropriate to establish rules concerning official checks on movements of the specified plants out of the demarcated areas to the rest of the Union territory, and the introduction into the Union territory of host plants from third countries.(17)Implementing Decision 2012/138/EU should be repealed.(18)As regards survey activities carried out in areas of the Union territory where the specified pest is known not to occur or in areas or production sites of third countries, it is appropriate to allow sufficient time to Member States and third countries to design those activities so that they provide sufficient level of statistical confidence required. Therefore, the requirements relating to those survey activities should apply from 1 January 2025.(19)The provisions concerning the conduct of surveys in demarcated areas on the basis of the European Food Safety Authority’s ("the Authority") General guidelines for statistically sound and risk-based surveys for plant pestsEFSA, General guidelines for statistically sound and risk-based surveys of plant pests, 8 September 2020, doi:10.2903/sp.efsa.2020.EN-1919. should apply from 1 January 2025 in order to allow sufficient time for the competent authorities to plan, prepare the design and allocate sufficient resources for such surveys.(20)The provisions concerning the contingency plans should apply from 1 August 2023 in order to allow sufficient time for Member States to prepare those plans.(21)The requirements concerning the introduction of specified plants into the Union territory from third countries should apply from 1 July 2024 in order to allow sufficient time for the Member States, the third countries and the professional operators concerned to prepare for the implementation of those requirements.(22)The phytosanitary risk of the specified pest for the Union territory needs to be further assessed, as the full range of host plants is still to be determined on the basis of its spread within the Union territory and any technical and scientific evidence collected from the rest of the world. This Regulation should therefore apply until 31 December 2029 to allow for that further assessment and its review.(23)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: