Commission Implementing Regulation (EU) 2023/1584 of 1 August 2023 on measures to prevent the establishment and spread of Popillia japonica Newman and on measures for the eradication and containment of that pest within certain demarcated areas of the Union territory
Commission Implementing Regulation (EU) 2023/1584of 1 August 2023on measures to prevent the establishment and spread of Popillia japonica Newman and on measures for the eradication and containment of that pest within certain demarcated areas of the Union territoryTHE 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 (d), (e), (f), (g), (h) and (i), and Article 28(2), thereof,Whereas:(1)Commission Implementing Regulation (EU) 2019/2072Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 (OJ L 319, 10.12.2019, p. 1). lays down, in Part B of Annex II, the list of Union quarantine pests known to occur in the Union territory.(2)Popillia japonica Newman ("the specified pest") is included in that list, as it is known to occur in certain parts of the Union territory. It is a polyphagous pest reported to have an impact on many different plant species in the Union territory.(3)Plants which are the preferred hosts of the specified pest ("the specified plants") should be listed and subject to certain measures for eradication or containment, as applicable, in the infested zones.(4)The specified pest is also listed in the Annex to Commission Delegated Regulation (EU) 2019/1702Commission Delegated Regulation (EU) 2019/1702 of 1 August 2019 supplementing Regulation (EU) 2016/2031 of the European Parliament and of the Council by establishing the list of priority pests (OJ L 260, 11.10.2019, p. 8). as a priority pest.(5)In order to ensure its early detection and eradication in the Union territory, Member States should carry out annual surveys, using methods in line with the latest scientific and technical information. Traps represent an important capturing method in regard to the specified pest in the Union territory and should be used extensively. The annual surveys should at least concern those plants that are most commonly found infested by the specified pest ("specified plants").(6)In accordance with Regulation (EU) 2016/2031, each Member State is to draw up and keep up to date for each priority pest a contingency plan. Based on the experience from previous outbreaks, it is necessary to adopt specific rules implementing Article 25 of Regulation (EU) 2016/2031 in order to ensure a comprehensive contingency plan in case of any findings of the specified pest in the Union.(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, by applying eradication measures therein. The width of a buffer zone should be at least 5 km beyond the boundaries of the infested zone, bearing in mind the spread capacity of the specified pest.(8)However, in cases of isolated findings of the specified pest, the establishment of a demarcated area should not be required when the specified pest is immediately eradicated and there is evidence that those plants were infested before their introduction into the area of the finding or there is evidence that the specified pest has not multiplied and that the finding is not expected to lead to establishment. This is the most appropriate approach, provided that surveys are carried out to 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 its eradication. Those measures should ensure a diligent survey approach and more precautionary actions, mainly in defining the size of the infested zone and the respective buffer zone. The buffer zone in demarcated areas for containment should have a width of at least 15 km beyond the boundaries of the infested zone, which is wider than the buffer zone in demarcated areas for eradication, in order to prevent the spread of the specified pest to the rest of the Union territory.(10)Member States should notify the Commission and the other Member States of every demarcated area for containment that they intend to designate or modify, so as to give an overview of the spread of the specified pest in the Union territory. This is necessary for the review of this Regulation and for keeping updated a list of demarcated areas for containment.(11)In order to ensure the immediate application of eradication measures and to 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 plants in the infested zones for containment.(12)The provisions of this Regulation concerning the contingency plans should apply from 1 August 2023 in order to allow sufficient time for Member States to prepare the contents of those plans.(13)The provisions of this Regulation concerning the conduct of surveys in demarcated areas on the basis of the European Food Safety Authority’s 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 for surveys in demarcated areas and from 1 January 2026 for surveys of the Union territory outside demarcated areas, in order to allow sufficient time for the competent authorities to plan, prepare the design and allocate sufficient resources for such surveys.(14)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: