HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 64/38
EN
Official Journal of the European Union
3.3.2012
COMMISSION IMPLEMENTING DECISION
of 1 March 2012
as regards emergency measures to prevent the introduction into and the spread within the Union of
Anoplophora chinensis (Forster)
(notified under document C(2012) 1310)
(2012/138/EU)
THE EUROPEAN COMMISSION,
(5) Given
the
experience
with
infested
consignments
orig
inating in China, special provisions should govern
imports from that country. As most of the interceptions
Having regard to the Treaty on the Functioning of the European
on specified plants imported from China have been
Union,
reported on plants of Acer spp., it is appropriate to
maintain a ban on their import, until 30 April 2012
as previously laid down.
Having regard to Council Directive 2000/29/EC of 8 May 2000
on protective measures against the introduction into the
Community of organisms harmful to plants or plant products
and against their spread within the Community ( 1 ), and in
(6) The
movement
of
plants
within
the
Union
should
be
particular the fourth sentence of Article 16(3), thereof,
provided for.
Whereas:
(7) Member
States
should
conduct
annual
surveys
and
notify
their results to the Commission and the other Member
(1) The
experience
gained
from
the
implementation
of
States. Provision should be made for notification in cases
Commission Decision 2008/840/EC of 7 November
where the specified organism appears in a Member State
2008 on emergency measures to prevent the intro
or in a part of a Member State, in which its presence was
duction into and the spread within the Community of
previously unknown or it was considered to have been
Anoplophora chinensis (Forster) ( 2 ) in general, taking into
eradicated. A deadline of 5 days for the notification of
account recent outbreaks and findings reported by
the presence of the specified organism by the Member
Germany, Italy, the Netherlands and the United
State should be set to allow for swift action at Union
Kingdom in particular and experiences relating to their
level, if appropriate.
eradication, has shown a need to modify the measures
provided for in that Decision. In the interest of clarity, in
view of the extent of those modifications and of earlier
modifications, it is appropriate to replace Decision
(8) To
eradicate
the
specified
organism
and
prevent
its
2008/840/EC.
spread, Member States should establish demarcated
areas and take the necessary measures. As part of their
measures, Member States should carry out activities to
(2) In Section I of Part A of Annex I to Directive
increase public awareness to the threat posed by the
2000/29/EC, Anoplophora chinensis (Thomson) and
specified organism. They should further set specific
Anoplophora malasiaca (Forster) are listed, though both
time periods for the implementation of these measures.
denominations cover one single species which for the
In cases where eradication of the specified organism is no
purposes of this Decision is designated as Anoplophora
longer possible, Member States should take measures to
chinensis (Forster), hereinafter ‘the specified organism’, as
contain it.
in Decision 2008/840/EC.
(3) Taking
into
account
the
experience
gained,
certain
plant (9) In
specified
circumstances,
Member
States
should
have
species which were not covered by Decision
the possibility to decide not to establish demarcated
2008/840/EC should be included in the scope while
areas and to limit the measures to the destruction of
others which were previously covered should be
the infested material, carrying out intensified monitoring
excluded. Plants and scions whose stem or root collar
and the tracing of plants associated with the case of
is below a certain diameter should fall outside the
infestation concerned.
scope. Certain definitions should be included to
improve clarity and readability.
(10) Member
States
should
report
to
the
Commission
and
the
(4) As
regards
imports,
provisions
should
take
into
account
other Member States on the measures they have taken or
the phytosanitary status of the specified organism in the
intend to take, as well as on the reasons for not estab
country of origin.
lishing demarcated areas. They should annually
communicate to the Commission and the other
( 1 ) OJ L 169, 10.7.2000, p. 1.
Member States an updated version of that report giving
( 2 ) OJ L 300, 11.11.2008, p. 36.
an effective overview of the situation.

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(11) Decision
2008/840/EC
should
therefore
be
repealed.
(b) on entry into the Union they are inspected by the
responsible official body in accordance with point 2 of
Section 1(B) of Annex I for the presence of the specified
(12) The
measures provided for in this Decision are in
organism, and no signs of that organism have been found;
accordance with the opinion of the Standing
Committee on Plant Health,
(c) the place of production of those plants:
HAS ADOPTED THIS DECISION:
(i) is designated by a unique registration number assigned
Article 1
by the national plant protection organisation of China;
Definitions
For the purposes of this Decision, the following definitions shall
(ii) is included in the most recent version of the register
apply:
communicated by the Commission to the Member
States in accordance with paragraph 3;
(a) ‘specified plants’ means plants for planting that have a stem
or root collar diameter of 1 cm or more at their thickest
(iii) has not, within the previous 2 years, been the subject of
point, other than seeds, of Acer spp., Aesculus hippocastanum,
a communication by the Commission to the Member
Alnus spp., Betula spp., Carpinus spp., Citrus spp., Cornus spp.,
States of the removal from the register in accordance
Corylus spp., Cotoneaster spp., Crataegus spp., Fagus spp.,
with paragraph 3; and
Lagerstroemia spp., Malus spp., Platanus spp., Populus spp.,
Prunus laurocerasus, Pyrus spp., Rosa spp., Salix spp. and
Ulmus spp.;
(iv) has not, within the previous 2 years, been the subject of
a communication by the Commission to the Member
States as referred to in paragraph 4 or paragraph 5.
(b) ‘place of production’ means the place of production as
defined in the FAO International Standard for Phytosanitary
Measures (hereinafter ‘ISPM’) No 5 ( 1 );
2. However,
plants
of Acer spp. shall not be introduced into
the Union until 30 April 2012.
(c) ‘specified organism’ means Anoplophora chinensis (Forster).
From 1 May 2012, paragraph 1 shall apply to plants of Acer
Article 2
spp.
Import of the specified plants originating in third countries
except China
3. The
Commission
shall
communicate
to
the
Member
States
As regards imports originating in third countries where the
the register of places of production in China which its national
specified organism is known to be present, other than China,
plant protection organisation has established as in compliance
specified plants may only be introduced into the Union if they
with point 1(b) of Section 1(B) of Annex I.
fulfil the following conditions:
Where that organisation updates the register by removing a
(a) they comply with the specific import requirements, as set
place of production either because that organisation has
out in point 1 of Section 1(A) of Annex I;
found that that place of production no longer complies with
point 1(b) of Section 1(B) of Annex I or because the
Commission has informed China of evidence of the presence
(b) on entry into the Union they are inspected by the
of the specified organism at import of specified plants from that
responsible official body in accordance with point 2 of
place of production, and China makes the updated version of
Section 1(A) of Annex I for the presence of the specified
the register available to the Commission, the Commission shall
organism, and no signs of that organism have been found.
communicate the updated version of the register to the Member
States.
Article 3
Import of the specified plants originating in China
Where that organisation updates the register by including a
1. As
regards
imports
originating
in
China,
specified
plants place of production because that organisation has found that
may only be introduced into the Union if they fulfil the
that place of production complies with point 1(b) of Section
following conditions:
1(B) of Annex I and China makes the updated version of the
register available to the Commission as well as the necessary
explanatory information, the Commission shall communicate
(a) they comply with the specific import requirements as set
that updated version and, where appropriate, that explanatory
out in point 1 of Section 1(B) of Annex I;
information to the Member States.
( 1 ) Glossary of Phytosanitary Terms — Reference Standard ISPM No 5
by the Secretariat of the International Plant Protection Convention,
Through Internet based information pages, the Commission
Rome.
shall make the register and its updates available to the public.

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4. Where
during
an
inspection
at
a
registered
place
of of the presence of the specified organism in an area within their
production, as set out in points (ii), (iii) and (iv) of point 1(b)
territory where that presence was previously unknown or the
of Section 1(B) of Annex I, the Chinese plant protection organi
specified organism was considered to have been eradicated or
sation finds evidence of the presence of the specified organism
where the infestation was detected on a plant species previously
and the Commission is notified of that finding by China, the
not known to be a host plant.
Commission shall immediately communicate that finding to the
Member States.
Article 6
Demarcated areas
Through Internet based information pages, the Commission
shall also make this information available to the public.
1. Where
the
results
of
the
surveys
referred
to
in
Article
5(1)
confirm the presence of the specified organism in an area, or
there is evidence of the presence of that organism by other
5. Where
the
Commission
has
evidence
from
sources
other means, the Member State concerned shall without delay
than those referred to in paragraphs 3 and 4 that a place of
establish a demarcated area, which shall consist of an
production listed in the register does not comply with point
infested zone and a buffer zone, in accordance with Section 1
1(b) of Section 1(B) of Annex I or that the specified organism
of Annex II.
has been found on specified plants imported from such a place
of production, it shall communicate the information concerning
that place of production to the Member States.
2. Member
States
need
not
establish
demarcated
areas,
as
provided for in paragraph 1, if the conditions, as set out in
point 1 of Section 2 of Annex II are satisfied. In such a case,
Through Internet based information pages, the Commission
Member States shall take the measures as set out in point 2 of
shall also make this information available to the public.
that Section.
3. Member
States
shall
take
measures
in
the
demarcated
Article 4
areas, as set out in Section 3 of Annex II.
Movement of specified plants within the Union
Specified plants originating in demarcated areas within the
4. Member
States
shall
set
time
periods
for
the
implemen
Union established in accordance with Article 6 may be
tation of the measures provided for in paragraphs 2 and 3.
moved within the Union only if they meet the conditions set
out in point 1 of Section 2 of Annex I.
Article 7
Specified plants which have not been grown in demarcated
Reporting on measures
areas but are introduced into such areas may be moved
1. Member
States
shall,
within
30
days
of
the
notification
within the Union only if they meet the conditions set out in
referred to in Article 5(2), report to the Commission and the
point 2 of Section 2 of Annex I.
other Member States on the measures they have taken or intend
to take in accordance with Article 6.
Specified plants imported in accordance with Articles 2 and 3
from third countries where the specified organism is known to
The report shall also include the description of a demarcated
be present may be moved within the Union only if they meet
area, where established, and information on its location with a
the conditions set out in point 3 of Section 2 of Annex I.
map showing its delimitation and information on the current
pest status as well as measures to comply with the requirements
concerning the movement of specified plants within the Union
Article 5
set out in Article 4.
Surveys and notifications of the specified organism
It shall describe the evidence and criteria on which the measures
1. Member
States
shall
conduct
official
annual
surveys
for are based.
the presence of the specified organism and for evidence of
infestation by that organism on host plants in their territory.
In cases where Member States decide not to establish a
demarcated area under Article 6(2), the report shall include
Without prejudice to Article 16(1) of Directive 2000/29/EC,
justifying data and reasons.
Member States shall notify the results of those surveys to the
Commission and the other Member States by 30 April of each
year.
2. Member States shall by 30 April of each year
communicate to the Commission and the other Member
States a report including an up-to-date list of all demarcated
2. Without prejudice to Article 16(1) of Directive areas established under Article 6, including information on their
2000/29/EC, Member States shall, within 5 days and in
description and location with maps showing their delimitation,
writing, notify the Commission and the other Member States
and measures that Member States have taken or intend to take.

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Article 8
Compliance
Member States shall take all measures to comply with this Decision and, if necessary, amend the measures
which they have adopted to protect themselves against the introduction and spread of the specified
organism in such a manner that those measures comply with this Decision. They shall immediately
inform the Commission of those measures.
Article 9
Repeal
Decision 2008/840/EC is repealed.
Article 10
Review
This Decision shall be reviewed by 31 May 2013 at the latest.
Article 11
Addressees
This Decision is addressed to the Member States.
Done at Brussels, 1 March 2012.
For the Commission
John DALLI
Member of the Commission

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ANNEX I
1. Specific import requirements
A. Imports originating in third countries except China
1. Without prejudice to the provisions listed in Annex III, Part A(9, 16, 18) and Annex IV, Part A(I)(14, 15, 17, 18, 19.2,
20, 22.1, 22.2, 23.1, 23.2, 32.1, 32.3, 33, 34, 36.1, 39, 40, 43, 44, 46) to Directive 2000/29/EC, specified plants
originating in third countries, other than China, where the specified organism is known to be present shall be
accompanied by a certificate as referred to in Article 13(1) of that Directive which states under the rubric ‘Additional
Declaration’:
(a) that the plants have been grown throughout their life in a place of production which is registered and supervised
by the national plant protection organisation in the country of origin and situated in a pest-free area established
by that organisation in accordance with relevant International Standards for Phytosanitary Measures. The name of
the pest-free area shall be mentioned under the rubric ‘place of origin’; or
(b) that the plants have been grown, during a period of at least 2 years prior to export, in a place of production
established as free from Anoplophora chinensis (Forster) in accordance with International Standards for Phytosanitary
Measures:
(i) which is registered and supervised by the national plant protection organisation in the country of origin; and
(ii) which has been subjected annually to at least two official meticulous inspections for any sign of Anoplophora
chinensis (Forster) carried out at appropriate times and no signs of the organism have been found; and
(iii) where the plants have been grown in a site:
— with complete physical protection against the introduction of Anoplophora chinensis (Forster), or
— with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius
of at least 2 km where official surveys for the presence or signs of Anoplophora chinensis (Forster) are
carried out annually at appropriate times. In case signs of Anoplophora chinensis (Forster) are found,
eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
(iv) where immediately prior to export consignments of the plants have been subjected to an official meticulous
inspection, for the presence of the specified organism, in particular in roots and stems of the plants. This
inspection shall include targeted destructive sampling. The size of the sample for inspection shall be such as to
enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or
(c) that the plants have been grown from rootstocks which meet the requirements of point (b), grafted with scions
which meet the following requirements:
(i) at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;
(ii) the grafted plants have been inspected in accordance with point (b)(iv).
2. Specified plants imported in accordance with point 1 shall be meticulously inspected at the point of entry or the place
of destination established in accordance with Commission Directive 2004/103/EC ( 1 ). Inspection methods applied shall
ensure the detection of any sign of the specified organism, in particular in roots and stems of the plants. This
inspection shall include targeted destructive sampling. The size of the sample for inspection shall be such as to enable
at least the detection of 1 % level of infestation with a level of confidence of 99 %.
B. Imports originating in China
1. Without prejudice to the provisions listed in Annex III, Part A(9, 16, 18) and Annex IV, Part A(I)(14, 15, 17, 18, 19.2,
20, 22.1, 22.2, 23.1, 23.2, 32.1, 32.3, 33, 34, 36.1, 39, 40, 43, 44, 46) to Directive 2000/29/EC, specified plants
originating in China shall be accompanied by a certificate as referred to in Article 13(1) of that Directive which states
under the rubric ‘Additional Declaration’:
(a) that the plants have been grown throughout their life in a place of production which is registered and supervised
by the national plant protection organisation of China and situated in a pest-free area established by that
organisation in accordance with relevant International Standards for Phytosanitary Measures. The name of the
pest-free area shall be mentioned under the rubric ‘place of origin’; or
( 1 ) OJ L 313, 12.10.2004, p. 16.

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(b) that the plants have been grown, during a period of at least 2 years prior to export, in a place of production
established as free from Anoplophora chinensis (Forster) in accordance with International Standards for Phytosanitary
Measures:
(i) which is registered and supervised by the national plant protection organisation of China; and
(ii) which has been subjected annually to at least two official inspections for any sign of Anoplophora chinensis
(Forster) carried out at appropriate times and no signs of the organism have been found; and
(iii) where the plants have been grown in a site:
— with complete physical protection against the introduction of Anoplophora chinensis (Forster), or
— with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius
of at least 2 km where official surveys for the presence or signs of Anoplophora chinensis (Forster) are
carried out annually at appropriate times. In case signs of Anoplophora chinensis (Forster) are found,
eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
(iv) where immediately prior to export consignments of the plants have been subjected to an official meticulous
inspection, including targeted destructive sampling on each lot, for the presence of Anoplophora chinensis
(Forster), in particular in roots and stems of the plants.
The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of
infestation with a level of confidence of 99 %; or
(c) that the plants have been grown from rootstocks which meet the requirements of (b), grafted with scions which
meet the following requirements:
(i) at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;
(ii) the grafted plants have been inspected in accordance with point (b)(iv);
(d) the registration number of the place of production.
2. Specified plants imported in accordance with point 1 shall be meticulously inspected at the point of entry or the place
of destination established in accordance with Directive 2004/103/EC. Inspection methods applied, including targeted
destructive sampling on each lot, shall ensure the detection of any sign of the specified organism, in particular in roots
and stems of the plants. The size of the sample for inspection shall be such as to enable at least the detection of 1 %
level of infestation with a level of confidence of 99 %.
The destructive sampling referred to in the first paragraph shall be carried out at the level set out in the following
table:
Number of plants in the lot
Level of destructive sampling (number of plants to be cut)
1 – 4 500 10
%
of
lot
size
> 4 500 450
2. Conditions for movement
1. Specified plants originating ( 1 ) in demarcated areas within the Union may be moved within the Union only if they are
accompanied by a plant passport prepared and issued in accordance with Commission Directive 92/105/EEC ( 2 ) and
have been grown during a period of at least 2 years prior to movement in a place of production:
(i) which is registered according to Commission Directive 92/90/EEC ( 3 ); and
(ii) which has been subjected annually to at least two official meticulous inspections for any sign of the specified
organism carried out at appropriate times and no signs of the specified organism have been found; where
appropriate, this inspection shall include targeted destructive sampling of the roots and stems of plants; the
size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a
level of confidence of 99 %; and
( 1 ) Glossary of Phytosanitary Terms — Reference Standard ISPM No 5 and Phytosanitary certificates — Reference Standard ISPM No 12 by
the Secretariat of the International Plant Protection Convention, Rome.
( 2 ) OJ L 4, 8.1.1993, p. 22.
( 3 ) OJ L 344, 26.11.1992, p. 38.

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(iii) which is located in a demarcated area where the plants have been grown in a site:
— with complete physical protection against the introduction of the specified organism, or
— with the application of appropriate preventive treatments or where targeted destructive sampling is carried out
on each lot of specified plants prior to movement at the level set out in the table in point 2 of Part B of
Section 1 and, in any case, where official surveys for the presence or signs of the specified organism are
carried out annually within a radius of at least 1 km around the site at appropriate times and no specified
organism or signs of it were found.
Rootstocks which meet the requirements of the first paragraph may be grafted with scions which have not been
grown under these conditions, but which are no more than 1 cm in diameter at their thickest point.
2. Specified plants not originating ( 1 ) in demarcated areas, but introduced into a place of production in such areas, may
be moved within the Union on condition that this place of production complies with the requirements set out in
point 1(iii) and only if the plants are accompanied by a plant passport prepared and issued in accordance with
Directive 92/105/EEC.
3. Specified plants imported from third countries where the specified organism is known to be present in accordance
with Section 1 may be moved within the Union only if they are accompanied by the plant passport referred to in
point 1.
( 1 ) Glossary of Phytosanitary Terms — Reference Standard ISPM No 5 and Phytosanitary certificates — Reference Standard ISPM No 12 by
the Secretariat of the International Plant Protection Convention, Rome.

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ANNEX II
ESTABLISHMENT OF DEMARCATED AREAS AND MEASURES, AS PROVIDED FOR IN ARTICLE 6
1. Establishment of demarcated areas
1. Demarcated areas shall consist of the following zones:
(a) an infested zone which is the zone where the presence of the specified organism has been confirmed, and which
includes all plants showing symptoms caused by the specified organism and, where appropriate, all plants
belonging to the same lot at the time of planting; and
(b) a buffer zone with a radius of at least 2 km beyond the boundary of the infested zone.
2. The exact delimitation of the zones shall be based on sound scientific principles, the biology of the specified organism,
the level of infestation, the particular distribution of the host plants in the area concerned and evidence of estab
lishment of the specified organism. In cases where the responsible official body concludes that eradication of the
specified organism is possible, taking into account the circumstances of the outbreak, the results of a specific
investigation or the immediate application of eradication measures, the radius of the buffer zone may be reduced
to not less than 1 km beyond the boundary of the infested zone. In cases where eradication of the specified organism
is no longer possible the radius cannot be reduced below 2 km.
3. If the presence of the specified organism is confirmed outside the infested zone, the delimitation of the infested zone
and buffer zone shall be reviewed and changed accordingly.
4. Where in a demarcated area, based on the surveys referred to in Article 5(1) and on the monitoring referred to in
point 1(h) of Section 3 of Annex II, the specified organism is not detected for a period that includes at least one life
cycle and 1 additional year but in any case is not less than 4 consecutive years, this demarcation may be lifted. The
exact length of a life cycle depends on evidence that is available for the area concerned or similar climate zone. The
demarcation may also be lifted in cases where, following further investigation, the conditions set out in point 1 of
Section 2 are found to be satisfied.
2. Conditions under which no demarcated area need be established
1. In accordance with Article 6(2) Member States need not establish a demarcated area, as provided for in Article 6(1),
where the following conditions are satisfied:
(a) there is evidence either that the specified organism has been introduced into the area with the plants on which it
was found and there is an indication that those plants were infested before their introduction into the area
concerned, or that it is an isolated finding, immediately associated with a specified plant or not, not expected
to lead to establishment; and
(b) it is ascertained that there is no establishment of the specified organism and that the spread and successful
breeding of the specified organism is not possible due to its biology and taking into account the results of a
specific investigation and eradication measures that may consist of precautionary felling and disposal of specified
plants including their roots after they have been examined.
2. Where the conditions set out in point 1 are satisfied, Member States need not establish demarcated areas, provided
that they take the following measures:
(a) immediate measures to ensure the prompt eradication of the specified organism and to exclude the possibility of
its spread;
(b) monitoring during the period covering at least one life cycle of the specified organism and 1 additional year
including monitoring in at least 4 consecutive years, in a radius of at least 1 km around the infested plants or the
place where the specified organism was found; for the first year at least monitoring shall be regular and intensive;
(c) the destruction of any infested plant material;
(d) tracing back to the origin of the infestation and tracing of plants associated with the case of infestation concerned
as far as possible and the examination thereof for any sign of infestation; the examination shall include targeted
destructive sampling;
(e) activities to raise public awareness concerning the threat of that organism;
(f) any other measure, which may contribute to the eradication of the specified organism, taking account of ISPM
No 9 ( 1 ) and applying an integrated approach according to the principles set out in ISPM No 14 ( 2 ).
( 1 ) Guidelines for pest eradication programmes — Reference Standard ISPM No 9 by the Secretariat of the International Plant Protection
Convention, Rome.
( 2 ) The use of integrated measures in a systems approach for pest risk management — Reference Standard ISPM No 14 by the Secretariat
of the International Plant Protection Convention, Rome.

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The measures referred to in points (a) to (f) shall be presented in the form of a report referred to in Article 7.
3. Measures to be taken in demarcated areas
1. In demarcated areas Member States shall take the following measures to eradicate the specified organism:
(a) the immediate felling of infested plants and plants with symptoms caused by the specified organism, and the
complete removal of their roots; in cases where the infested plants were found outside the flying period of the
specified organism the felling and removal shall be carried out before the start of the next flying period; in
exceptional cases where a responsible official body concludes that such felling is inappropriate an alternative
eradication measure may be applied offering the same level of protection against the spread of the specified
organism; the reasons for that conclusion and the description of the measure shall be notified to the Commission
in the report referred to Article 7;
(b) the felling of all specified plants within a radius of 100 m around infested plants and the examination of those
specified plants for any sign of infestation; in exceptional cases where a responsible official body concludes that
such felling is inappropriate, the individual detailed examination for any sign of infestation of all these specified
plants within that radius which are not to be felled, and the application, where appropriate, of measures to prevent
any possible spread of the specified organism from those plants;
(c) removal, examination and disposal of plants felled in accordance with points (a) and (b) and of their roots; taking
of all necessary precautions to avoid spreading of the specified organism during and after felling;
(d) prevention of any movement of potentially infested material out of the demarcated area;
(e) tracing back to the origin of the infestation and tracing of plants associated with the case of infestation concerned,
as far as possible, and the examination thereof for any sign of infestation; the examination shall include targeted
destructive sampling;
(f) where appropriate, replacement of specified plants by other plants;
(g) prohibition of planting of new specified plants in the open air in an area referred to in point 1(b) of Section 3 of
Annex II, except for places of production referred to in Section 2 of Annex I;
(h) intensive monitoring for the presence of the specified organism by annual inspections at appropriate times on host
plants, with specific focus on the buffer zone, including where appropriate targeted destructive sampling; the
number of samples shall be indicated in the report referred to in Article 7;
(i) activities to raise public awareness concerning the threat of that organism and the measures adopted to prevent its
introduction into and spread within the Union including the conditions regarding movement of specified plants
from the demarcated area established under Article 6;
(j) where necessary, specific measures to address any particularity or complication that could reasonably be expected
to prevent, hinder or delay eradication, in particular those related to the accessibility and adequate eradication of
all plants that are infested or suspected of infestation, irrespective of their location, public or private ownership or
the person or entity responsible for them;
(k) any other measure, which may contribute to the eradication of the specified organism, taking account of ISPM
No 9 ( 1 ) and applying an integrated approach according to the principles set out in ISPM No 14 ( 2 ).
The measures referred to in points (a) to (k) shall be presented in the form of a report referred to in Article 7.
2. When the results of the surveys referred to in Article 5 during more than 4 consecutive years have confirmed the
presence of the specified organism in an area and in case there is evidence that the specified organism can no longer
be eradicated, Member States can limit the measures to the containment of the specified organism within that area.
Such measures shall include at least the following:
(a) felling of infested plants and plants with symptoms caused by the specified organism, and the complete removal of
their roots; felling activities shall start immediately, however in cases where the infested plants were found outside
the flying period of the specified organism the felling and removal shall be carried out before the start of the next
flying period; in exceptional cases where a responsible official body concludes that such felling is inappropriate an
( 1 ) Guidelines for pest eradication programmes — Reference Standard ISPM No 9 by the Secretariat of the International Plant Protection
Convention, Rome.
( 2 ) The use of integrated measures in a systems approach for pest risk management — Reference Standard ISPM No 14 by the Secretariat
of the International Plant Protection Convention, Rome.

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EN
3.3.2012 Official
Journal
of
the
European
Union L
64/47
alternative eradication measure may be applied offering the same level of protection against the spread of the
specified organism; the reasons for that conclusion and the description of the measure shall be notified to the
Commission in the report referred to in Article 7;
(b) removal, examination and disposal of plants felled and of their roots; taking of necessary precautions to avoid
spreading of the specified organism after felling;
(c) prevention of any movement of potentially infested material out of the demarcated area;
(d) where appropriate, replacement of specified plants by other plants;
(e) prohibition of planting of new specified plants in the open air in an infested area referred to in point 1(a) of
Section 1 of Annex II except for places of production referred to in Section 2 of Annex I;
(f) intensive monitoring for the presence of the specified organism by annual inspections at appropriate times on host
plants, including where appropriate targeted destructive sampling; the number of samples shall be indicated in the
report referred to in Article 7;
(g) activities to raise public awareness concerning the threat of the specified organism and the measures adopted to
prevent its introduction into and spread within the Union including the conditions regarding movement of
specified plants from the demarcated area established under Article 6;
(h) where necessary, specific measures to address any particularity or complication that could reasonably be expected
to prevent, hinder or delay containment, in particular those related to the accessibility and adequate eradication of
all plants that are infested or suspected of infestation, irrespective of their location, public or private ownership or
the person or entity responsible for them;
(i) any other measure, which may contribute to the containment of the specified organism.
The measures referred to in points (a) to (i) shall be presented in the form of a report referred to in Article 7.

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