Commission Implementing Regulation (EU) 2024/2013 of 23 July 2024 on measures to prevent the establishment and spread within the Union territory and to eradicate Pomacea (Perry) and repealing Implementing Decision 2012/697/EU
Commission Implementing Regulation (EU) 2024/2013of 23 July 2024on measures to prevent the establishment and spread within the Union territory and to eradicate Pomacea (Perry) and repealing Implementing Decision 2012/697/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, ELI: http://data.europa.eu/eli/reg/2016/2031/oj., and in particular Article 28(1), points (d) to (g), thereof,Whereas:(1)Commission Implementing Decision 2012/697/EUCommission Implementing Decision 2012/697/EU of 8 November 2012 as regards measures to prevent the introduction into and the spread within the Union of the genus Pomacea (Perry) (OJ L 311, 10.11.2012, p. 14, ELI: http://data.europa.eu/eli/dec_impl/2012/697/oj). sets out measures to prevent the introduction into and the spread within the Union of the genus Pomacea (Perry) ("the specified pest").(2)Experience gained during the application of Implementing Decision 2012/697/EU shows the need to update those measures to have detailed rules for carrying out surveys and to further detail the measures to eradicate the specified pest.(3)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, ELI: http://data.europa.eu/eli/reg_impl/2019/2072/oj). lays down, in Part B of Annex II, the list of Union quarantine pests known to occur in the Union territory.(4)The specified pest is included in that list, as it is known to occur in certain parts of the Union territory, having a significant impact on plants for planting, other than seeds, that can only grow in fresh water or soil that is permanently saturated with fresh water ("the specified plants").(5)To ensure an early detection of the specified pest and its prompt eradication, annual surveys should be carried out in areas of the Union territory where the specified pest is not known to be present, as set out in Article 22 of Regulation (EU) 2016/2031 and pursuant to Commission Implementing Regulation (EU) 2020/1231Commission Implementing Regulation (EU) 2020/1231 of 27 August 2020 on the format and instructions for the annual reports on the results of the surveys and on the format of the multiannual survey programmes and the practical arrangements, respectively provided for in Articles 22 and 23 of Regulation (EU) 2016/2031 of the European Parliament and the Council (OJ L 280, 28.8.2020, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2020/1231/oj).. Those surveys should be based on the pest survey card on the specified pest published by the European Food Safety Authority, as it takes into account the latest scientific and technical developments.(6)In view of the biology of the specified pest, the demarcated areas should consist of an infested zone of at least 10 m around the location of the finding of the specified pest, or the entire field in case the finding is located in a cultivated field, and a buffer zone of at least 500 m around the infested zone, but including only water courses and areas that are saturated with fresh water. However, where the infested zone includes a part of a water course, the buffer zone should also include that water course for a length of at least 1000 m downstream and 500 m upstream from the location where the specified pest has been found, in order to take into account the potential spread of the specified pest by the flow of the water.(7)Experience with the application of Implementing Decision 2012/697/EU has shown that people tend to move the specified pest outside the demarcated areas, without being aware that it is a quarantine pest whose introduction into and movement within the EU territory is prohibited. For this reason, the competent authorities should raise within the demarcated areas public awareness concerning the threat of that pest and the measures in force to prevent its further spread outside of those areas.(8)Once the specified pest has been detected, the eradication measures should include the removal and destruction of the specified pest, including its eggs, hygiene protocols for machinery and equipment, as well as a combination of treatments and water management strategies for its eradication.(9)However, in cases of isolated findings or findings in countries where, due to the climatic conditions, the specified pest cannot establish, the establishment of a demarcated area should not be required when the specified pest is immediately eradicated and there is evidence that the finding is not expected to lead to establishment. This is the most appropriate approach for isolated findings, provided that surveys are carried out to confirm the absence of the specified pest.(10)Therefore, and for reasons of legal clarity, Implementing Decision 2012/697/EU should be repealed, as its provisions concerning the prevention of the establishment and spread of the specified pest should be replaced in part by this Regulation and in part by Annexes VII and VIII to Implementing Regulation (EU) 2019/2072.(11)This Regulation should apply from 26 January 2025 in order to ensure that the respective provisions concerning the specified pest apply from the same date as the ones set out in Commission Implementing Regulation (EU) 2024/2004Commission Implementing Regulation (EU) 2024/2004 of 23 July 2024 amending Implementing Regulation (EU) 2019/2072 as regards the listing of pests and rules on the introduction into, and movement within, the Union territory of plants, plant products and other objects (OJ L, 2024/2004, 26.7.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/2004/oj). concerning that pest.(12)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: