19.12.2015   

EN

Official Journal of the European Union

L 333/143

(1)

Commission Implementing Decision (EU) 2015/789 (2) has been applied since May 2015. In view of notifications, in the meantime, of new outbreaks of Xylella fastidiosa (Wells et al.) (hereinafter ‘the specified organism’) by the French authorities in their respective territories, the measures provided for in that Decision should be adapted to the current situation.

(2)

Scientific analyses have shown that different subspecies of the specified organism occur in the Union territory. Moreover, several host plants have been found to be susceptible to only one of those subspecies. Therefore, the definition of host plants should be amended in order to take into account such developments. For the same reason it would also be appropriate to offer the possibility to Member States to demarcate areas only with regard to those subspecies.

(3)

In order to ensure a more timely approach as regards the listing of host plants, which are currently listed in Annex II to Implementing Decision (EU) 2015/789, the definition of host plants should be amended, Annex II should be deleted and the list of host plants should be published in a Commission database of ‘host plants susceptible to Xylella fastidiosa in the Union territory’.

(4)

In view of the amendment of the definition of host plants, it would be appropriate to also amend the definition of specified plants to ensure that they cover all host plants immediately after their inclusion in the database referred to in recital 3.

(5)

Given the risk of the spread of the specified organism in any part of the Union territory, as well as the importance of early action, the setting up of contingency plans at Member State level is of particular importance in order to ensure better preparedness in case of potential outbreaks.

(6)

In order to facilitate scientific research for the purpose of identifying the precise effects of the specified organism on host plants, the Member State concerned should be given the possibility to authorise the planting of host plants in one or more parts of the containment area for scientific purposes, in accordance with the conditions laid down in Commission Directive 2008/61/EC (3), and ensuring the protection of the Union territory not yet affected by the specified organism. However, such possibility should not exist for the area referred to in Article 7(2)(c) of Implementing Decision (EU) 2015/789 due to its proximity to the rest of the Union territory.

(7)

On 2 September 2015, the European Food Safety Authority (EFSA) has published a scientific opinion (4) on hot water treatment of dormant grapevine planting material against the specified organism. That opinion shows that the conditions prescribed and recommended to sanitize grapevine planting material against Grapevine flavescence dorée phytoplasma, are also effective against the specified organism. Therefore it is appropriate to allow, under certain conditions, the movement of dormant plants of Vitis within and out of the demarcated areas where those plants have undergone hot water treatment.

(8)

Taking into account the susceptibility of the host plants to be infected with the specified organism, as well as the need to enhance awareness of operators and traceability in case of positive findings, it is appropriate to provide that also host plants which have never been grown inside the demarcated areas, may only be moved within the Union territory if accompanied by a plant passport. However, for the purpose of not introducing disproportionate administrative burdens to sellers of those plants, this requirement should not apply to the movement of those plants to persons acting for purposes which are outside their trade, business or profession.

(9)

Given the serious effects caused by the specified organism and the importance of preventing or acting as early as possible in order to control any potential outbreaks in the Union territory, all Member States should make information available to the general public, travellers, professional and international transport operators about the threat of the specified organism for the Union territory.

(10)

On 27 July 2015, the French authorities notified to the Commission the first outbreak of the specified organism in the region of Corsica. Since the specified organism has been found in Corsica on plants of species which are not yet listed as specified plants, it is appropriate to update the list of specified plants in order to include those species. Annex I to Implementing Decision 2015/789/EU should therefore be amended accordingly.

(11)

Implementing Decision (EU) 2015/789 should therefore be amended accordingly.

(12)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

(1)

In Article 1 points (a) (b) and (c) are replaced by the following:

(2)

The following Article 3a is inserted:

‘Article 3a

Contingency plans

1.   By 31 December 2016, each Member State shall establish a plan setting out the actions to be taken in its territory in accordance with Articles 4 to 6a, and Articles 9 to 13a, in case of a confirmed or suspected presence of the specified organism (hereinafter “the contingency plan”).

2.   The contingency plan shall also set out the following:

3.   Member States shall evaluate and review their contingency plans as necessary.

4.   Member States shall communicate their contingency plans to the Commission at its request.’

(3)

Article 4(1) is replaced by the following:

‘1.   Where the presence of the specified organism is confirmed, the Member State concerned shall without delay demarcate an area in accordance with paragraph 2, hereinafter “demarcated area”.

By way of derogation from the first subparagraph, where the presence of one or more particular subspecies of the specified organism is confirmed, the Member State concerned may demarcate an area with regard to that or those subspecies only.’

(4)

Article 5 is replaced by the following:

‘Article 5

Prohibition concerning the planting of host plants in infected zones

1.   The planting of host plants in infected zones shall be prohibited, except in sites which are physically protected against the introduction of the specified organism by its vectors.

2.   By way of derogation from paragraph 1, the Member State concerned may authorise, in accordance with the conditions laid down in Commission Directive 2008/61/EC (5), the planting of the host plants for scientific purposes within the containment area referred to in Article 7, outside the area referred to in Article 7(2)(c).

(5)  Commission Directive 2008/61/EC of 17 June 2008 establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/EC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections (OJ L 158, 18.6.2008, p. 41.’"

(5)

Article 9 is amended as follows:

(6)

The following Article 13a is inserted:

‘Article 13a

Awareness campaigns

Member States shall make information available to the general public, travellers, professional and international transport operators concerning the threat of the specified organism for the Union territory. They shall make that information publicly available, in the form of targeted awareness campaigns on the respective websites of the responsible official bodies or other websites designated by those bodies.’

(7)

The Annexes are amended as set out in the Annex to this Decision.