Commission Implementing Regulation (EU) 2024/434 of 5 February 2024 on measures to prevent the establishment and spread of Agrilus planipennis Fairmaire within the Union territory
Commission Implementing Regulation (EU) 2024/434of 5 February 2024on measures to prevent the establishment and spread of Agrilus planipennis Fairmaire within 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) to (i), thereof,Whereas:(1)The recent outbreaks of Agrilus planipennis Fairmaire ("the specified pest") in third countries close to the Union borders require introducing measures to prevent the establishment and spread of the specified pest within the Union territory in case it is found to be present there.(2)The specified pest is listed as a priority pest pursuant 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)..(3)On the basis of the available scientific and technical evidence concerning the specified pest, measures in respect of the specified pest should be taken only for plants of Chionanthus virginicus L. and Fraxinus L. ("the specified plants") and wood, isolated bark and other objects made of bark, of Chionanthus virginicus L. and Fraxinus L ("the specified wood and bark").(4)In order to ensure the absence of the specified pest in the Union territory, Member States should carry out intensive annual surveys for the presence of the specified pest and employ methods in line with the latest scientific and technical information.(5)In order to prevent the establishment of the specified pest and 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.(6)Based on the biology of the specified pest, the infested zone should include the infested plants and all specified plants which are liable to become infested within a radius of at least 100 m around the infested plants. On the same basis, the buffer zone should have a width of 10 km beyond the boundaries of the infested zone, as this is appropriate for the spread capacity of the specified pest.(7)However, in cases of isolated findings 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.(8)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 monitoring of the demarcated areas should be carried out annually at the most appropriate time of the year and with sufficient intensity.(9)In order to ensure a proportionate approach to the phytosanitary risk posed by the specified pest, Member States should be allowed to lift the demarcation when, based on surveys, that pest is not detected in the demarcated area for at least four consecutive years.(10)Eradication measures should be set out for elimination of the specified pest if found present in the Union territory. Those measures should be appropriate for the biology of the specified pest and based on the available scientific and technical information.(11)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.(12)The provisions concerning the conduct of surveys in pest-free areas on the basis of the European Food Safety Authority’s Guidelines for statistically sound and risk-based surveys for Agrilus planipennisEFSA, Guidelines for statistically sound and risk-based surveys of Agrilus planipennis, 17 December 2020, https://doi.org/10.2903/sp.efsa.2020.EN-1983 should apply from 1 January 2027, in order to allow sufficient time for the competent authorities to plan and prepare the design and allocate sufficient resources for such surveys.(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: