HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 132/18
EN
Official Journal of the European Union
23.5.2012
DECISIONS
COMMISSION IMPLEMENTING DECISION
of 16 May 2012
as regards emergency measures to prevent the introduction into and the spread within the Union of
Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis
(Gentner)
(notified under document C(2012) 3137)
(2012/270/EU)
THE EUROPEAN COMMISSION,
tubers originating in areas of the Union where the
presence of one or more of those organisms is
confirmed.
Having regard to the Treaty on the Functioning of the European
Union,
(4) Surveys
concerning
the
presence
of Epitrix cucumeris
(Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.)
Having regard to Council Directive 2000/29/EC of 8 May 2000
and Epitrix tuberis (Gentner) should be carried out on
on protective measures against the introduction into the
potato tubers and potato fields in all Member States
Community of organisms harmful to plants or plant products
and the results notified. Member States may also
and against their spread within the Community ( 1 ), and in
choose to carry out surveys on other plants.
particular the third sentence of Article 16(3), thereof,
(5) Measures
should
provide
for
Member
States
to
establish
Whereas:
demarcated areas in cases where the presence of Epitrix
cucumeris (Harris), Epitrix similaris (Gentner), Epitrix
subcrinita (Lec.) or Epitrix tuberis (Gentner) is confirmed
(1) It
appears
from
an
assessment
carried
out
by
the
in order to eradicate or at least contain the organisms
Commission on the basis of a pest risk analysis
concerned and to ensure intensive monitoring for their
produced by the European and Mediterranean Plant
presence.
Protection Organisation that Epitrix cucumeris (Harris),
Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and
Epitrix tuberis (Gentner) cause harmful effects to
susceptible plants. They affect, in particular, tubers of
(6) Member
States
should,
if
necessary,
adapt
their
legislation
Solanum tuberosum L., including those intended for
in order to comply with this Decision.
planting, hereinafter ‘potato tubers’, which are produced
in the whole Union. Those organisms are listed neither in
Annex I nor in Annex II to Directive 2000/29/EC.
(7) This
Decision
should
be
in
force
until
30
September
2014 to allow time for the evaluation of its efficacy.
(2) Portugal
has
informed
the
Commission
that Epitrix
cucumeris (Harris) and Epitrix similaris (Gentner) are
(8) The
measures
provided
for
in
this
Decision
are
in
present in that Member State. A notification submitted
accordance with the opinion of the Standing
by Spain on 8 September 2010 shows the first findings
Committee on Plant Health,
of Epitrix similaris (Gentner) in one region of that Member
State. The available information also shows that Epitrix
cucumeris (Harris) and Epitrix tuberis (Gentner) are present
in a third country that currently exports potato tubers to
HAS ADOPTED THIS DECISION:
the Union.
Article 1
(3) Measures
should
be
provided
for
concerning
the
intro
duction into the Union of potato tubers from third
Prohibitions concerning Epitrix cucumeris (Harris), Epitrix
countries where Epitrix cucumeris (Harris), Epitrix similaris
similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix
(Gentner), Epitrix subcrinita (Lec.) or Epitrix tuberis
tuberis (Gentner)
(Gentner) is known to be present. Measures should also
Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix
be provided for concerning the movement of potato
subcrinita (Lec.) and Epitrix tuberis (Gentner), hereinafter ‘the
specified organisms’, shall not be introduced into or spread
( 1 ) OJ L 169, 10.7.2000, p. 1.
within the Union.

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EN
23.5.2012 Official
Journal
of
the
European
Union L
132/19
Article 2
Article 5
Introduction of potato tubers into the Union
Demarcated areas and measures to be taken in such areas
1. Tubers
of Solanum tuberosum L., including those intended
1. Where based on the results of the surveys referred to in
for planting, hereinafter ‘potato tubers’, originating ( 1 ) in third
Article 4(1) or other evidence, a Member State confirms the
countries where one or more of the specified organisms are
presence of a specified organism in a part of its territory, that
known to be present may only be introduced into the Union
Member State shall without delay establish a demarcated area
if they comply with the specific import requirements, as set out
consisting of an infested zone and a buffer zone, as set out in
in point (1) of Section 1 of Annex I.
Section 1 of Annex II.
2. On
entry
into
the
Union
potato
tubers
shall
be
inspected It shall take measures, as laid down in Section 2 of Annex II.
by the responsible official body in accordance with point (5) of
2. Where a Member State takes measures in accordance with
Section 1 of Annex I.
paragraph 1, it shall immediately notify the list of demarcated
areas, information on their delimitation, including maps
Article 3
showing their location, and a description of the measures
applied in those demarcated areas.
Movement of potato tubers within the Union
Potato tubers originating in demarcated areas within the Union
Article 6
established in accordance with Article 5 may be moved within
Compliance
the Union only if they meet the conditions, as set out in point
(1) of Section 2 of Annex I.
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
Potato tubers introduced into the Union in accordance with
and spread of the specified organisms in such a manner that
Article 2 from third countries where one or more of the
those measures comply with this Decision. They shall
specified organisms are known to be present, may be moved
immediately inform the Commission of those measures.
within the Union only if they meet the conditions, as set out in
point (3) of Section 2 of Annex I.
Article 7
Application
Article 4
This Decision shall apply until 30 September 2014.
Surveys and notifications of the specified organisms
1. Member
States
shall
conduct
annual
official
surveys
for
Article 8
the presence of the specified organisms on potato tubers and,
Addressees
where appropriate, other host plants, including fields where
potato tubers are growing, in their territory.
This Decision is addressed to the Member States.
Member States shall notify the results of those surveys to the
Commission and the other Member States by 30 April of each
Done at Brussels, 16 May 2012.
year.
For the Commission
2. Any
presence
or
suspected
occurrence
of
a
specified
organism shall immediately be notified to the responsible
John DALLI
official bodies.
Member of the Commission
( 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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L 132/20
EN
Official Journal of the European Union
23.5.2012
ANNEX I
SECTION 1
Specific requirements for introduction into the Union
(1) Without prejudice to the provisions listed in Directive 2000/29/EC, potato tubers originating in third countries where
one or more of the specified organisms are known to be present shall be accompanied by a phytosanitary certificate,
as referred to in the first subparagraph of point (ii) of paragraph 1 of Article 13 of Directive 2000/29/EC (‘the
certificate’), which includes under the heading ‘Additional declaration’ the information set out in
points (2) and (3).
(2) The certificate shall include either the information in point (a) or in point (b):
(a) the potato tubers have been grown in a pest-free area established by the national plant protection organisation in
accordance with relevant international standards for phytosanitary measures;
(b) the potato tubers have been washed or brushed so that there is no more than 0,1 % of soil remaining, or have
undergone an equivalent method specifically applied in order to achieve the same outcome and remove the
specified organisms concerned and to ensure that there is no risk of spreading the specified organisms.
(3) The certificate shall include the following:
(a) it shall include the information that the potato tubers have been found free from the specified organisms
concerned and from any of their symptoms and do not contain more than 0,1 % of soil in an official examination
carried out immediately prior to export;
(b) it shall include the information that the packaging material in which potato tubers are imported is clean.
(4) Where the information set out in point (2)(a) is given, the name of the pest-free area shall be mentioned under the
heading ‘Place of origin’.
(5) Potato tubers introduced into the Union in accordance with points (1) to (4) 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 points (1) to (4).
SECTION 2
Conditions for movement
(1) Potato tubers originating in demarcated areas within the Union may be moved from such areas into non-demarcated
areas 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 if they meet the conditions set out in point (2).
(2) The potato tubers shall meet the following conditions:
(a) the potato tubers have been grown in a registered place of production in accordance with Commission Directive
92/90/EEC ( 3 ) or by a registered producer in accordance with Commission Directive 93/50/EEC ( 4 ), or moved
from a warehouse or a dispatching centre registered in accordance with Directive 93/50/EEC;
(b) the potato tubers have been washed or brushed so that there is no more than 0,1 % of soil remaining or have
undergone an equivalent method specifically applied in order to achieve the same outcome and remove the
specified organisms concerned and to ensure that there is no risk of spreading the specified organisms; and
(c) the packaging material in which potato tubers are moved is clean.
(3) Potato tubers introduced into the Union in accordance with Section 1 from third countries where one or more of the
specified organisms are known to be present may be moved within the Union only if they are accompanied by the
plant passport referred to in point (1).
( 1 ) OJ L 313, 12.10.2004, p. 16.
( 2 ) OJ L 4, 8.1.1993, p. 22.
( 3 ) OJ L 344, 26.11.1992, p. 38.
( 4 ) OJ L 205, 17.8.1993, p. 22.

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EN
23.5.2012 Official
Journal
of
the
European
Union L
132/21
ANNEX II
DEMARCATED AREAS AND MEASURES, AS PROVIDED FOR IN ARTICLE 5
SECTION 1
Establishment of demarcated areas
(1) Demarcated areas shall consist of the following zones:
(a) an infested zone which includes at least the fields where the presence of a specified organism has been confirmed
as well as fields where infested potato tubers have been grown; and
(b) a buffer zone with a width of at least 100 m beyond the edge of an infested zone; where part of a field is within
that width, the entire field shall be part of the buffer zone.
(2) In cases where several buffer zones overlap or are geographically close, a demarcated area shall be established which
includes the area covered by the relevant demarcated areas and the areas between them.
(3) 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 organisms, the level of infestation,
the distribution of host plants, the evidence of establishment of the specified organisms, the capacity of the specified
organisms to spread naturally.
(4) If the presence of a specified organism is confirmed outside the infested zone, the delimitation of the infested zone
and buffer zone shall be reviewed and changed accordingly.
(5) Where as regards a demarcated area, based on the surveys referred to in Article 4(1), the specified organism
concerned has not been detected for a period of two years, the Member State concerned shall confirm that that
organism is no longer present in that area and that the area ceases to be demarcated. It shall notify the Commission
and the other Member States.
SECTION 2
Measures in demarcated areas, as provided for in the second subparagraph of Article 5(1)
Measures taken by Member States in demarcated areas shall include at least the following:
(1) measures for eradication or containment of the specified organisms including treatments and disinfestations as well as
a prohibition on planting of host plants where necessary;
(2) intensive monitoring for the presence of the specified organisms through appropriate inspections;
(3) surveillance of the movement of potato tubers out of demarcated areas.

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