HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 311/14
EN
Official Journal of the European Union
10.11.2012
COMMISSION IMPLEMENTING DECISION
of 8 November 2012
as regards measures to prevent the introduction into and the spread within the Union of the genus
Pomacea (Perry)
(notified under document C(2012) 7803)
(2012/697/EU)
THE EUROPEAN COMMISSION,
(6) Member
States
should
establish
demarcated
areas
in
cases
where the genus Pomacea (Perry) is found to be present in
fields and watercourses in order to eradicate the
Having regard to the Treaty on the Functioning of the European
organisms concerned and to ensure intensive monitoring
Union,
for their presence.
Having regard to Council Directive 2000/29/EC of 8 May 2000
(7) Member
States
should,
if
necessary,
adapt
their
legislation
on protective measures against the introduction into the
in order to comply with this Decision.
Community of organisms harmful to plants or plant products
and against their spread within the Community ( 1 ), and in
particular the third sentence of Article 16(3), thereof,
(8) This
Decision
should
be
reviewed
by
28
February
2015.
Whereas:
(9) The
measures
provided
for
in
this
Decision
are
in
accordance with the opinion of the Standing
(1) Spain
has
informed
the
Commission
that Pomacea
Committee on Plant Health,
insularum is present in one region of that Member State.
HAS ADOPTED THIS DECISION:
(2) It
appears
from
an
assessment
carried
out
by
the
Commission on the basis of a pest risk analysis
produced by Spain and of a scientific opinion ( 2 ) and a
Article 1
statement ( 3 ) of the European Food Safety Authority that
the genus Pomacea (Perry) causes harmful effects on
Prohibitions concerning the genus Pomacea (Perry)
aquatic plants. Difficulty in taxonomic identification of
the different species and the fact that it cannot be
The genus Pomacea (Perry), hereinafter ‘the specified organism’,
excluded that all species are harmful, make it necessary
shall not be introduced into or spread within the Union.
to regulate the genus Pomacea (Perry). That genus is
neither listed in Annex I nor in Annex II to Directive
2000/29/EC.
Article 2
Introduction of plants for planting, excluding seeds, that
can only grow in water or soil that is permanently
(3) Given
the
risk
of
spreading
the
specified
organism
to
fields and watercourses and the absence of less restrictive
saturated with water
measures efficiently combating the threat posed by that
Plants for planting, excluding seeds, that can only grow in water
organism, it is necessary to prohibit the introduction into
or soil that is permanently saturated with water, hereinafter ‘the
and the spread within the Union of that genus.
specified plants’, originating in third countries may be
introduced into the Union if they comply with the require
ments, as set out in point (1) of Section 1 of Annex I.
(4) Measures
should
also
be
provided
for
concerning
the
introduction into and the movement within the Union
of plants for planting, excluding seeds, that can only
On entry into the Union the specified plants shall be inspected
grow in water or soil that is permanently saturated
by the responsible official body in accordance with point (2) of
with water.
Section I of Annex I.
(5)
Surveys for the presence of the genus Pomacea (Perry)
should be carried out in areas where the specific
Article 3
organism is likely to be found and the results notified.
Movement of specified plants within the Union
Specified plants originating in demarcated areas established in
( 1 ) OJ L 169, 10.7.2000, p. 1.
( 2 ) EFSA Journal 2012;10(1):2552.
accordance with Article 5 may be moved within the Union if
( 3 ) EFSA Journal 2012;10(4):2645.
they meet the conditions, as set out in Section 2 of Annex I.

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EN
10.11.2012 Official
Journal
of
the
European
Union L
311/15
Article 4
3. Where,
as
regards
a
demarcated
area,
based
on
the
surveys
referred to in Article 4(1), the specified organism has not been
Surveys and notifications of the specified organism
found to be present for a period of four consecutive years, the
1. Member
States
shall
conduct
annual
surveys
for
the Member State concerned shall confirm that that organism is no
presence of the specified organism on rice plants and, where
longer present in that area and that the area ceases to be
appropriate, other specified plants in fields and watercourses.
demarcated.
4. Where a Member State takes measures in accordance with
Member States shall notify the results of those surveys to the
paragraphs 1, 2 and 3, it shall immediately notify to the
Commission and to the other Member States by 31 December
Commission and the other Member States the list of demarcated
of each year.
areas, information on their delimitation, including maps
showing their location, and a description of the measures
applied in those demarcated areas.
2. If the specified organism is found or suspected to be
present in fields and watercourses, it shall immediately be
notified to the responsible official bodies.
Article 6
Compliance
Article 5
Member States shall immediately inform the Commission of the
measures they have taken to comply with this Decision.
Demarcated areas, measures to be taken in such areas,
awareness raising programmes and notification
Article 7
1. Where based on the results of the surveys referred to in
Article 4(1) or other evidence, a Member State finds the
Review
specified organism to be present in a field or watercourse in
its territory where its presence was previously unknown, that
This Decision shall be reviewed by 28 February 2015.
Member State shall without delay establish, or where appro
priate amend, a demarcated area consisting of an infested
Article 8
zone and a buffer zone, as set out in Section 1 of Annex II.
Addressees
This Decision is addressed to the Member States.
In the demarcated area it shall take all measures necessary for
the eradication of the specified organism. These measures shall
include the measures set out in Section 2 of Annex II.
Done at Brussels, 8 November 2012.
2. Where
a
demarcated
area
is
to
be
established
or
amended
For the Commission
in accordance with paragraph 1, the Member State concerned
shall, where appropriate, set up or amend an awareness raising
Maro EFOVI
programme.
Vice-President

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L 311/16
EN
Official Journal of the European Union
10.11.2012
ANNEX I
INTRODUCTION AND MOVEMENT OF THE SPECIFIED PLANTS
Section 1
Specific requirements for introduction into the Union
(1) Without prejudice to the provisions listed in Directive 2000/29/EC, specified plants originating in a third country
shall be accompanied by a phytosanitary certificate, as referred to in the first subparagraph of point (ii) of Article 13(1)
of that Directive, which includes under the heading ‘Additional declaration’ the information that the specified plants
have been found free from the specified organism immediately prior to leaving the third country concerned.
(2) Specified plants introduced into the Union in accordance with point (1) shall be inspected at the point of entry or the
place of destination established in accordance with Commission Directive 2004/103/EC ( 1 ) to confirm that they meet
the requirements laid down in point (1).
Section 2
Conditions for movement
Specified plants originating in demarcated areas within the Union may be moved from such areas into non-demarcated
areas within the Union if they are accompanied by a plant passport prepared and issued in accordance with Commission
Directive 92/105/EEC ( 2 ).
( 1 ) OJ L 313, 12.10.2004, p. 16.
( 2 ) OJ L 4, 8.1.1993, p. 22.

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EN
10.11.2012 Official
Journal
of
the
European
Union L
311/17
ANNEX II
DEMARCATED AREAS AND MEASURES, AS PROVIDED FOR IN ARTICLE 5
Section 1
Establishment and amendment of demarcated areas
(1) Demarcated areas, as referred to in Article 5, shall comply with points (2) and (3).
(2) The infested zone shall include the places where the specified organism has been found to be present.
Where a part of a cultivated field is in the infested zone, the rest of that field shall be part of the infested zone.
(3) A buffer zone of a width of at least 500 m shall be established around the infested zone. However, that buffer zone
shall only include water courses and areas that are saturated with fresh water.
Where the infested zone includes a part of a water course, the buffer zone shall include that water course for a length
of at least 1 000 m downstream and 500 m upstream from the location where the specified organism has been
found to be present.
(4) In cases where several buffer zones overlap, a demarcated area shall be established which includes the area covered by
the relevant demarcated areas and the areas between them. In other cases where it is appropriate, Member States may
establish a demarcated area including several demarcated areas and the areas between them.
(5) When establishing the infested zone and the buffer zone, Member States shall, bearing in mind sound scientific
principles, take into account the following elements: the biology of the specified organism, the level of infestation, the
distribution of specified plants, the evidence of establishment of the specified organism, the capacity of the specified
organism to spread naturally.
(6) If the specified organism has been found to be present in the buffer zone the delimitation of the infested zone and of
the buffer zone shall be amended accordingly.
Section 2
Measures in demarcated areas, as provided for in the second subparagraph of Article 5(1)
Eradication measures taken by Member States in demarcated areas shall include the following:
(a) the removal and destruction of the specified organism;
(b) intensive monitoring for the presence of the specified organism by inspections twice a year with a specific focus on
the buffer zone;
(c) Member States shall provide for a hygiene protocol for all used agriculture and aquaculture machinery which may
come into contact with the specified organism and be capable of spreading it.

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