EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
SANTE/10294/2020 
(POOL/G1/2020/10294/10294 -EN.docx)  
[…](2020) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
as regards measures to prevent the introduction into and the spread within the Union of 
Xylella fastidiosa (Wells et al.) 
This draft has not been adopted or endorsed by the European Commission. Any 
views expressed are the preliminary views of the Commission services and may not 
in any circumstances be regarded as stating an official position of the Commission.    
EN 1  EN COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
as regards measures to prevent the introduction into and the spread within the Union of 
Xylella fastidiosa (Wells et al.) 
THE 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 measu res 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 an d 2007/33/EC1, and in particular Article 28 (1) and (2)  
thereof,  
Whereas:  
(1) Commission Implementing Decision (EU) 2015/7892 has been applied since May 
2015 with the aim to prevent further spread within and introduction into the Union of 
Xylella fastidiosa (Wells et al.) (‘the specified pest’). That Implementing Decision has 
been updated οn several occasions to take into account the scientific and technical 
evidence made available at the time.  
(2) On 15 May 2019 , the European Food Safety Authority ( ‘the Authorit y’) published a 
new Scientific Opinion3 on the risk to plant health posed by the specified pest in the 
Union territory, focusing on potential establishment, short ‐ and long ‐range spread, 
the length of the asymptomatic period, the impact of the specified pe st and an update 
on risk reduction options. On 15 May 2019, the Authority  published a scientific 
report4 on the effectiveness of in planta control measures for the specified pest, 
confirming as previously stated that there are currently no control measur es available 
to eliminate the specified pest from a diseased plant in open field conditions. On 25 
June 2019, the Authority  published a pest survey card5 on the specified pest providing 
further elements to ensure more targeted survey activities. On 28 April 2020, the 
Authority  updated the database of plant species found infected by the specified pest 
worldwide6. Moreover , on 8 June 2020, the Authority published the Guidelines for 
statistically sound and risk -based surveys of Xylella fastidiosa7 that will assi st Member 
States to implement the confidence level , the  design prevalence proposed and 
preparation of  the survey activities to be carried out within and outside the demarcated 
areas, in the Union territory.  
                                                 
1 OJ L 317, 23.11.2016, p. 4.  
2 Commission Implementing Decision (EU) 2015/789 of 18 May 2015 as regards measures to prevent the 
introduction into and the spread within the Union of Xylella fastidiosa  (Wells et al.) , OJ L 125, 
21.5.2015, p. 36 . 
3 EFSA Journal 2019;17(5):5665, 200 pp. https://doi.org/10.2903/j.efsa.2019.5665  
4 EFSA Journal 2019;17(5):5666, 17 pp. https://doi.org/10.2903/j.efsa.2019.5666   
5 EFSA supporting publication 2019:EN -1667. 53 pp. doi:10.2903/sp.efsa.2019.E N-1667   
6 EFSA Journal 2020;18(4):6114. https://doi.org/10.2903/j.efsa.2020.6114  
7 EFSA supporting publication 2020:EN -1873. 76 pp. doi:10.2903/sp.efsa.2020.EN -1873   
EN 2  EN (3) The r ecent scientific developments , the outcome of the audits carried out by the 
Commission in the Member States concerned  and the experience gained during the 
implementation  of Implementing Decision (EU) 2015/789  indicate the need to update 
those measures in order to ensure a more targeted approach for the control of the 
specified pest in the Union territory.  
(4) For the purpose  of clarity , the definition of host plants should refer to all the plant 
species or genera found infected by the specified pest worldwide, while the definition 
of specified plants should only refer to those host plants which have been found 
infected by a particular subspecies of the specified pest. In this context, and in order to 
ensure a certa in proportionality, some measures of this Decision should only apply to 
host plants and some others only to specified plants.  
(5) In order to ensure a better overview of the presence of the specified pest, Member 
States should intensify the annual surveys for that presence in line with the latest 
scientific and technical information.  
(6) In order to eradicate the specified pest and prevent its further spread in the rest of the 
Union, Member States should establish demarcated areas consisting of an infected 
zone and  a buffer zone, and apply eradication measures. The width of the buffer zones 
should be proportionate to the level of risk and the spreading capacity of the vector.  
(7) However, in cases of isolated occurrences of the specified pest, the establishment of a 
demarcated area should not be required if the specified  pest can be eliminated from 
those  plants, recently introduced, where it was found to be presen t. This will be the 
most proportionate approach as long as the surveys carried out in the area concerned 
lead to the conclusion that the specified pest has not been established.  
(8) In certain areas of the Union, it is appropriate to conclude that the eradication of the 
specified pest is no  longer  possible. The Member States concerned should therefore be 
allowed to apply measures for the containment of that pest within those areas, instead 
of eradication. Those measures should be less stringent than the measures for 
eradication, but they should ensure a diligent survey approach and more precautionary 
actions in the r espective buffer zones and at the outer part of the infected zones, in 
order to prevent the spread of the specified pest to the rest of the Union territory.  
(9) In order to ensure the immediate removal of the infected plants and prevent further 
spread of the s pecified pest in the rest of the Union territory, the monitoring of the 
demarcated areas should be carried out annually at the most appropriate time of the 
year. . The monitoring should al so focus on vectors present in the demarcated area so 
as to determine the risk of further spreading by vectors and to evaluate the 
effectiveness of the phytosanitary control measures applied against all stages of the 
vector population.  
(10) Experience confirms, in line with the latest scientific evidences, that vect or control, 
together with the  immediate  removal of the bacterial inoculum, is key to prevent 
further spread of the specified pest within the rest of the Union territory. Therefore, 
Member States should ensure proper implementation of the phytosanitary trea tments, 
prior to the removal of the plants, as well as during the year, against all stages of the 
vector population.  Those treatments  should  include efficient chemical, biological or 
mechanical treatments against the vectors , with p reference to non -chemica l solutions, 
wherever possible . 
(11) Plant species known to be susceptible to the subspecies of the specified pest detected 
in the demarcated area and which have been grown for at least part of their life in that  
EN 3  EN demarcated area, or which have been moved throug h such an area, are more likely to 
have been infected with the specified pest. Therefore, it is proportionate to establish 
special requirements for the movement within the Union only  as regards  specified 
plants. It is also proportionate to apply less strin gent requirements for the movement of 
those plants within the infected zones, or from the infected zones to the buffer zones, 
than the requirements applied for their movement out of the demarcated areas.  
(12) With the aim of facilitating trade while protecting plant health , and  taking into account 
the nature of the specified pest, host plants originating in a third country where th at 
pest is not present should, when introduced into the Union, be accompanied by a 
phytosanitary certificate including an additional declaration stating that that country is 
free from the specif ied pest.  
(13) In order to ensure that host  plants introduced into the Uni on from areas of third 
countries where the specified pest is known to be present, are free from the specified 
pest, the requirements for their introduction into the Union should be similar to those 
set out for movement of specified plants originating in de marcated areas.  
(14) In light of the latest scientific and technical evidence, s urvey activities carried out by 
third countries to confirm the absence of the specified pest in  areas of their territory or 
in production sites authorised for export to the Union should be also intensified.  
(15) Rules should be established concerning official checks on movement s of the specified 
plants out of the demarcated areas to the rest of the Union territory, and the 
introduction into the Union of host plants from third countries. T hose rules should be 
proportionate, effective and take into account  the provisions of Regulation (EU) 
2017/625  of the European Parliament and of the Council8, which became applicable 
on 14 December 2019.  
(16) Implementing Decision (EU) 2015/789 should therefore  be repealed.  
(17) As regards  survey activities carried out in areas of the Union territory where the pest is 
known not to occur, as well as in areas or production sites of third countries, it is 
appropriate to allow sufficient time to Me mber States and third countries  to design 
those activities so that they  provide the level of statistical confidence required . The 
requirements relating to those survey activities should therefore apply from 1 January 
2022.   
(18) The measures provided for in this Regulation are in ac cordance with the opinion of the 
Standing Committee on Plants, Animals, Food, and Feed,  
                                                 
8 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official 
controls and other official activities performed to ensure the application of food and feed law, rules on 
animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 
999/2001, (EC) No 396/2005, (EC) No 10 69/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 
652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council 
Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 
2007/43/E C, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) 
No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 
89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council De cision 
92/438/EEC (Official Controls Regulation) , OJ L 95, 7.4.2017, p. 1.   
EN 4  EN HAS ADOPTED THIS REGULATION:  
CHAPTER I  
DEFINITIONS  
Article 1  
Definitions  
For the purposes of this Regulation , the following definitions shall appl y: 
(a) ‘specified pest’ means Xylella fastidiosa (Wells et al.) and any of its subspecies ; 
(b) ‘host plants’ means all plants for planting, other than seeds, belonging to the genera 
or species listed in Annex I; 
(c) ‘specified  plants’ means host plants for planting, other than seeds, belonging to the 
genera or species  listed in Annex I I and known to be susceptible to the  specific  
subspecies of the specified pest. 
CHAPTER II  
ANNUAL SURVEYS FOR THE PRESENCE OF THE 
SPECIFIED PEST AND CONTINGENCY PLANS  
Article 2 
Surveys of the specified pe st in the territories of the Member States  
1. Member States shall conduct annual surveys of the host plants for the detection  of 
the specified pest in their territory.  
2. Those surveys shall  be carried out by the competent authorities , or under the official 
supervision o f the competent authorities.  
3. Those surveys shall be performed on the basis of the level of risk . They shall take 
place in open air, including cropping fields, orchards, vineyards, as well as nurseries, 
garden centres and/or trading  centres, natural areas and other relevant locations.  
4. Those surveys shall consist in the collection of samples and testing of plants for 
planting . Taking into account the European  Food Safety Authority’s (Authority)  
Guidelines for statistically sound a nd risk -based surveys of Xylella fastidiosa , the  
survey design and  sampling scheme  used shall be  able to identify  within the Member 
State concerned , with at least 80% of confidence , a level of presence of infected 
plants of 1%.   
5. Those surveys shall be carried out at appropriate times of the year with regard to the 
possibility to detect the specified pest, taking into account the biology of th at pest 
and its vectors, the presence and biology of host plants, and  the scientific and 
technical information referred to in the Authority’s  Pest Survey Card on Xylella 
fastidiosa.  
6. The presence of the specified pest shall be monitored by one of the molecular test s 
listed in Annex IV.  In case of positive results  detected in areas other than the 
demarcated areas,  the presence of the specified pest shall be confirmed on the same 
plant extract by one more positive  molecular test  listed in that Annex, targeting 
different parts of the genome.    
EN 5  EN 7. The identification of the subspecies of the specifi ed pest shall be carried out on each 
plant species that is found infected by the specified pest in the demarcated area 
concerned. That identification shall be carried out by using the molecular tests listed 
in Section B of Annex IV.  
8. Member States shall report the results of the surveys  referred to in paragraph 1 in 
accordance with Article 22(3) of Regulation (EU) 2016/2031.  
Article 3  
Contingency plans  
1. Each Member State shall establish a contingency plan . That contingency plan shall  
set out the actions to be taken in its territory  concerning :  
(a) the eradication of the specified pest, as set out in Articles 7 to 11 ; 
(b) the movement s of specified plants within the Union, as set out in Articles 19 to 
26; 
(c) the official checks to be carried out on movement s of specified plants within  
the Union  and of host plants into the Union, as set out in Articles 31 and 32.  
Each Member State shall u pdate its contingency plan , as appropriate, by 31 
December of each year. Contingency plans established under Implementing D ecision 
(EU) 2015/789 shall be updated by 31 December 2020.  
2. In addition to the elements referred to in Article 25(2) of Regulation (EU) 
2016/2031, the contingency plan shall  include all of the following elements:  
(a) the minimum resources to be made available and the procedures for making 
those  additional resources  availabl e in case of a confirmed or suspected 
presence of the specified pest;  
(b) rules detailing the procedures for identif ying the owners of the plants to be 
removed, for notifying the order of removal and  for access ing private 
properties.  
CHAPTER III  
DEMARCATED AREAS  
Article 4 
Establishment of demarcated areas  
1. Where the presence of the specified pest is officially confirmed , the Member State 
concerned shall  without delay establish a demarcate d area.  
Where only the presence of one  or more  particular subspecies of the specified pest is 
confirmed, the Member State concerned may demarcate an area with regard to th ose 
subspecies only.  
Where th e confirmation of the presence of a subspecies is pending, the Member State 
concerned shall demarcate that area with regard to the specified pest and all of its 
possible subspecies.  
2. The demarcated area shall consist of an infected zone and a buffer zone.  
The infected  zone shall have a radius of at least 50 m around the plant found infected 
by the specified pest.   
EN 6  EN The buffer zone shall be of the following width:  
(a) at least 2,5 km in the case of an infected zone established for the purpose of 
taking the eradication measure s referred to in Articles 7 to 11 ; 
(b) at least 5 km in the case of an infected zone established for the purpose of 
taking the containment measures  referred to in Articles 12 to 17.  
3. The Commission shall update and publish a list of th e demarcated areas  established 
by Member States , as notified pursuant to Article 18(6) of Regulation (EU) 
2016/2031.  
Article 5 
Derogations for the establishment of demarcated areas  
1. By way of derogation from Article 4 , the buffer zone surrounding the infected zone 
established for  the purpose of eradication may be reduced to a width of no less than 1 
km, where there is a high degree of confidence that the initial presence of the 
specified pest did not result in  its spread and where  all of the following conditions 
have been fulfille d:  
(a) all specified plants  located in the infected zone , irrespective of their health 
status, have been immedi ately sampled and removed;  
(b) no other plants have been found infected by the specified pest in the infected 
zone since the eradication measures have been taken, on the basis of official 
tests carried out at least once during the course of the year, taking into account 
the Authority’s  Pest Survey Card  on Xylella fastidiosa ;  
(c) a survey has been carried out  at least once  during the first year  following the 
identification of the specified pest in a zone with a width of at least 2,5 km 
surrounding the infected zone, which shows that the specified pest has not been 
found present in that zone. The Member State concerned shall sample and test 
the ho st plants located in that area . For that purpose, they shall  use a sampling 
scheme able to identify with at least  90% confidence a level of presence of 
infected plants of 1%, taking  into account that the zone of a width of at least 
400 m surrounding the in fected plants has a higher level of risk  compared to 
the other part of that area;  
(d) no vectors carrying the specified pest have been detected in the infected zone  
and its immediate vicinity  since the eradication measures have been taken, on 
the basis of test s carried out twice during the flight season of the vector, and in 
accordance with International Standards  for Phytosanitary Measures . Those 
tests shall lead to the conclusion that the natural spread of the specified pest is 
excluded.  
2. When reducing the width of the buffer zone  pursuant to paragraph 1 , the Member 
State concerned shall immediately notify the Commission and the other  Member 
States of the justification for that reduction.  
3. By way of derogation from Article 4 , the Member State concerned may decide not to 
establish a demarcated area immediately , where all of the following conditions are 
fulfilled:    
EN 7  EN (a) there is evidence  that the specified pest was recently introduced into the area 
with the plants on which it was found, or that the specified pest has been found 
in a site with physical protection from the vectors of that pest; 
(b) the results of inspection activities indicate  that those plants were infected 
before their introduction into the area concerned;  
(c) no vectors carrying the specified pest have bee n detected, on the basis of tests 
carried out in the vicinity of those plants.   
4. In the case referred to in paragraph 3 , the Member State concerned shall:  
(a) carry out, in the area where  the presence of the specified pest was first 
confirmed, an annual survey for at least two years to determine whether any 
other plants have been infected and whether any further measures should be 
taken;  
(b) notify to the Commission and the other Member States the justifi cation for not 
establishing a demarcated area, and the outcom e of the s urvey referred to in 
point (a) as soon as  it become s available.   
Article 6 
Lifting of the demarcated areas  
1. Where , based on the surveys referred to in Article 10, the specified pest has not been 
detected in a demarcated area for a period of four years, this demarcation may be 
lifted. In such cases, the Member State concerned shall notify the Commission and 
other Member States.  
2. By way of derogation from paragraph 1 , in the case where the Member State 
concerned has reduced the buffer zone to  a width of no less than 1 km in accordance 
with Article 5(1) , the Member State may lift th e demarcated area after 12 months 
since its initial establishment, where  both of the following conditions are fulfilled:  
(a) as a result of the measures taken pursuant t o Article 5(1), it is concluded with a 
high degree of confidence that the initial presence of the specified pest was  an 
isolated case and no further spread occurred in the respective demarcated area;   
(b) as practically close to the time of lifting, official t ests have been carried out 
within the demarcated area, taking into account the Authority’s  Pest Survey 
Card on Xylella fastidiosa  and using a sampling scheme able to identify with at 
least 95% confidence a level of presence of infected plants of  1%. 
3. Where a demarcated area is lifted pursuant to paragraph  2, the specified plants 
located in the previously established demarcated area shall be subject to intensive 
surveys during the following two years. That survey shall be carried out using a 
sampling sc heme able to identify with at least 80% confidence  a level of presence of 
infected plants of 1%. 
4. When lifting the demarcated area after 12 months since its initial identification , the 
Member State concerned shall immediately notify the Commission and th e other 
Member States of the justification for that lifting.   
EN 8  EN CHAPTER IV  
ERADICATION MEASURES  
Article 7 
Removal of plants  
1. The Member State concerned shall immediately  remove  from the infected zone :  
(a) plants known  to be infected by the specified pest;   
(b) plants showing symptoms indicating possible infection by that pest or 
suspected to be infected by that pest;  
(c) plants which belong to the same species as th at of th e infected plant, regardless  
of their health statu s; 
(d) plants of other species  than th at of th e infected plant,  which have been found 
infected in  other parts of  the demarcated area ;  
(e) specified plants, other than the ones referred to in point s (c) and (d) , which 
have not been immediately subjected to sampling and molecular testing and 
have not been found free from the specified pest.  
 2. When removing the plants referred to in paragraph 1, the Member State concerned 
shall  take all necessary precautions into account, and shall organise the removal on 
the basis of the  level of risk posed by those plants  
3. By way of derogation from points (b) , (c) and ( d) of paragraph 1, Member States 
may decide that individual specified plants officially designated as plants with 
historic value do not need to be removed, provided that all of the following 
conditions hav e been fulfilled:  
(a) the specified plants concerned are subject to annual inspection, sampling and 
testing by one of the molecular tests listed in Annex IV and it is confirmed that 
they are not infected by the specified pest; 
(b) the individual specified  plants or the area concerned are subject to appropriate 
phyto sanitary treatments against all stages of the vector  population  of the 
specified pest. Those treatments may include chemical, biological or 
mechanical method s, taking into account the local cond itions.  
Article 8  
Measures against the vectors of the specified pest  
1. The Member State concerned shall apply appropriate phytosanitary treatments , in the 
infected zone , against all stages of the vector population of the specified pest. It shall 
apply th ose treatments prior to and during the removal of the plants referre d to in 
Article 7(1). Those treatments shall include efficient chemical, biological or 
mechanical treatments against the vectors, taking into account the local conditions.   
2. The Member S tate concerned apply  agricultural practices for the control of all stages 
of the vector po pulation of the specified pest  in the infected zone and in the buff er 
zone . It shall apply those practices  at the most appropriate time of the year, 
regardless of the removal of the plants concerned. Those practices shall include 
efficient chemical , biological or mechanical treatments against the vectors , as 
appropriate , taking into account the local condition s.   
EN 9  EN Article 9  
Destruction of plants  
1. The Member State concerned shall  destroy the plants and parts of plants referred to 
in Article 7(1), in a manner ensuring that the specified pest is not spread , in situ  or in 
a nearby location designated for this purp ose within the infected zone or, provided 
that those plants or parts of plants are  covered by net  against the vectors, at the 
shortest distance from that location .  
2. The Member State concerned may decide , on the basis of the risk level, to limit the 
destruction to the branches and foliage only and subject the related wood to 
phytosanitary treatment as referred to in Article 8(1). The root system of those plants 
shall be either removed or devitalised , with an appropriate phytosanitary treatment to 
avoid re sprouting.  
Article 10  
Annual surveillance of the demarcated area  
In the entire demarcated area, the Member State concerned shall monitor , at the most 
appropriate times,  the presence of the specified pest by annual surveys, in accordance with 
Article 2(5) and (6), and taking  into account the information referred to in the Authority’s  
Pest Survey Card on Xylella fastidiosa.   
In the infected zones, the Member State  concerned  shall sample and test the host plants , 
including the specified plants  which have not been removed pursuant to  Article 7(1). For that 
purpose, and taking into account the Authority’s  Guidelines for statistically sound and risk -
based surveys of Xylella fastidiosa , the survey design and sampling scheme shall be able to 
identif y with at least 90% confidence a level of presence of infected plants of 0,5% .  
In buffer zones, the Member State concerned shall sample and test the host plant s, as well as 
other plants showing symptoms indicating possible infection or suspected to be inf ected by 
that pest . For that purpose , and taking into account the Authority’s  Guidelines for statistically 
sound and risk -based surveys of Xylella fastidiosa , the survey design and sampling scheme 
shall be able to identify with at least 90 % confidence a level of presence of infected plants of  
1%, taking into account  that the first 400 m surrounding  the infected zones has a higher risk . 
The Member State concerned shall also monitor the presence of the  specified pest in the  
vectors  located in the demarcated  area in order to determine the risk of further spreading 
posed by vectors and to evaluate the effectiveness of the phytosanitary control measures 
applied in accordance with Article 8 .  
Article 11  
Other relevant measures for the eradication of the specified pest  
1. The Member State concerned shall take any other measure which may contribute to 
the eradication of the specified pest, in accordance with International Standard for 
Phytosanitary Measure (“ ISPM ”) No 99 and applying an integrated approach in 
accordance with the principles set out in ISPM No 1410. 
                                                 
9 Guidelines for pest eradication programmes — Reference Standard ISPM No 9 by the Secretariat of the International Plant 
Protection Convention, Rome. Published 15 December 2011.  
10 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. Published 8 January 2014.   
EN 10  EN 2. The Member State concerned shall take measures addressing any particularity or 
complication that could reasonably be expected to prevent, hinder or delay 
eradication, in particular those related to the accessibility and adequate destruction of 
all plants that are infected or suspected of infection, or of their location, public or 
private ownership or the person or entity responsible for them.  
3. The Member State concerned shall carry out appropria te investigations to identify the 
origin of the infection. It shall trace the host plants associated with the case of 
infection concerned, including those which were moved before a demarcated area 
was established. The results of such investigations shall be communicated to  the 
Commission and the  Member States in which those plants concerned originate, to the 
Member States through which those plants have moved and to the Member States 
where those plants have moved into.  
CHAPTER V  
CONTAINMENT MEASURES  
Articl e 12 
General provisions  
The competent authority of the Member State concerned may decide to apply the containment 
measures  set out in Articles 13 to 17 , instead of eradication  measures , in an infected zone 
listed in Annex II I.  
Article 13 
Removal of plants  in an infected zone listed in Annex III  
1. The Member State concerned shall remove  all plants which have been found to be 
infected by the specified pest on the basis of the monitoring referred to in Article 
15(2).  
That removal shall take place immediately af ter the official identifi cation  of the 
presence of the specified pest  or, if the  specified pest is detected outside the flight 
season of the vector, that removal  shall take place before the next flight season of the 
vector . All necessary precautions shall  be taken to avoid spreading of the specified 
pest and its vectors during and after removal.   
2. By way of derogation from  paragraph  1, the Member State concerned may decide, 
for scientific purposes, not to remove plants which have been found to be infected b y 
the specified pest in the sites of plants with particular cultural and social value , 
referred to in Article 15(2) (b).  
Article 14 
Measures against the vectors of the specified pest in the infected zones  listed in Annex 
III 
1. The Member State concerned shal l apply appropriate phytosanitary treatments 
against all stages of the vector population of the specified pest  on the plants referred 
to in Article 13(1) prior to their removal and around the plants referred to in Article 
13(2) . Those treatments shall incl ude efficient chemical, biological or mechanical  
treatments against the vectors , taking into account the  local conditions.    
EN 11  EN 2. In the a reas referred to in points ( a) and (b) of Article 15(2) , the Member State 
concerned shall apply agricultural practices for the control  of all stages of the vector 
population of the specified pest at the most appropriate time of each year . Those 
practices shall  include efficient chemical, biological or mechanical treatments against 
the vectors , taking into account the  local conditions.   
Article 15  
Annual surveillance of the infected zones listed in Annex III  
1. The Member State concerned shall , at least in the parts of the infected zone referred 
to in paragraph 2,  immediately sample and test , within a radius of 50 m around the 
plants which have been found to be infected by the specified pest, the following 
plants : 
(a) all specified plants which belong to the species of the specified plants which 
have been found infected in  the same demarcated area ; and  
(b) all other plants showing symptoms indicating possible infection by that pest or 
suspected to be infected by that pest.  
2. The Member State concerned shall  monitor , at the most appropriate times,  the 
presence of the specified pest by annual surveys, , taking into account the 
information referred to in the Authority’s  Pest Survey Card on Xylella fastidiosa . 
That monitoring shall take place  at least in the following parts of the infected zone 
listed in Annex III : 
(a) within an area measuring at least 5 km from the border of th e infected  zone 
with the buffer zone ; 
(b) in the proximity of the sites of plants with particular cultural and scientific 
value located outside the area referred to in point (a) and desi gnated  
accordingly  by the Member State.  
In th ose parts of the infected zone , the Member State concerned shall carry out 
sampling and testing of the species of host plants found infected in the demarcated 
area, in accordance with Article 2(6). For that purp ose, taking into account  the 
Authority’s  Guidelines for statistically sound and risk -based surveys of Xylella 
fastidiosa , the survey design and sampling scheme shall be able to identify with at 
least 90% confidence a level of presence of infected plants of  0,7%.  It shall also 
sample and test the vector population for the presence of the specified pest.  
3. Point (a) of p aragraph 2 shall not apply in the case of islands which are entirely 
under containment measures and are situated more than 5 km to the nearest Union 
land territory.  
4. In buffer zones, the Member State concerned shall sample and test the host plants, as 
well as other plants showing symptoms indicating possible infection by that pest or 
suspected to be infected by that pest . For that purpose , taking into account the 
Authority’s  Guidelines for statistically sound and risk -based surveys of Xylella 
fastidiosa , the survey design and  sampling scheme  shall be  able to identify with at 
least 90 % confidence a level of presence of infected plants of 1%, taking  into 
account  that the first 400 m adjacent to the infected zones pose a higher risk . 
5. The Member State shall monitor the presence of the  specified pests in  vectors  in the 
parts of the infected zone referred to in paragraph 2 and  in the buffer zone  in order to 
determine the risk of further spreading posed by vectors and to evaluate the  
EN 12  EN effectiveness of the phytosanitary control measures applied in accordance with 
Article 14 .  
Article 16  
Destruction of plants  
1. The Member State concerned shall, in si tu or in a nearby location designated for this 
purpose within the infected zone listed in Annex III , destroy plants and parts of 
plants which have been found to be infected by the specified pest , in a manner 
ensuring that the specified pest is not spread.  
2. The Member State concerned may decide to limit the destruction to branches and 
foliage only and subject the related wood to appropriate phytosanitary treatments in 
accordance  with Article 14(1), where it concludes  that those plants do not pose any 
risk for further spreading of the specified pest . The root system of those plants shall 
be either removed or devitalised with an appropriate phytosanitary  treatment to avoid 
resprouting.  
Article 17  
Other relevant measures for the containment of the specified pest 
The Member State concerned shall take measures addressing any particularity or complication 
that could reasonably be expected to prevent, hinder or delay containment , in particular those 
related to the accessibility and adequate destruction of all pla nts that are infected or suspected 
of infection, or of their location, public or private ownership or the person or entity 
responsible for them.  
CHAPTER VI  
PLANTING OF SPECIFIED PLANTS IN INFECTED ZONES  
Article 18 
Authorisation concerning the planting of specified plants in infected zones  
The planting of specified plants in infected zones may only be authorised by the Member 
State concerned in one of the following cases:  
(a) those specified plants are grown in insect -proof sites of production  free from the 
specified pest and its vectors ; 
(b) those specified plants preferably belong to varieties assessed as being resistant or 
tolerant to the specified pest and are planted in the infected zones listed in Annex III, 
but outside the area referred to i n Article 1 5(2)(a );  
(c) those specified plants  belong to the same species of plants which  have been tested 
and found free from the specified pest on the basis of the survey activities carried out 
for at least the past two years in accordance  with Article 1 0 and are planted in the 
infected zones established for the purpose of eradication.  
CHAPTER VII  
MOVEMENT WITHIN THE UNION OF SPECIFIED PLANTS  
Article 19 
Movement out of a demarcated area, and from the  respective  infected zones into the  
EN 13  EN buffer zones , of specified plants which have been grown in authorised production sites 
located in that demarcated area  
The movement out of a demarcated area, and from the respective infected zones into the 
buffer zones, of specified plants  which have been grown in a produc tion sit e located i n that  
demarcated area , may only be allowed  where  all of the following conditions  are fulfilled : 
(a) the specified plants have been grown during the ir entire production cycle  in a site 
that has been authorised in accordance with Article 24 or have been present in such a 
site for at least the last three years ; 
(b) throughout the time of growth of the specified plants, neither the presence of the 
specified pest nor that of its vectors were found in  the site;  
(c) the specified plants  are subject to phy tosanitary treatments against all stages of the 
vector population at appropriate times of the year to maintain freedom from vectors 
of the specified pest. Those treatments shall include, as appropriate, efficient 
chemical, biological or mechanical methods , taking into account th e local conditions .  
(d) the specified plants  are transported through or within the demarcated area in closed 
containers or packaging, ensuring that infection with the specified pest or any of its 
vectors cannot occur.  
(e) As close as possible to the time of movement, the specified plants have been 
subjected to molecular testing for the presence of the specified pest on the basis of a 
test listed in Annex IV, using a sampling scheme able to identify with at least 80% 
confidence a level  of presence of infected plants of 1%. 
Article 20 
Movement  out of a demarcated area, and from the respective infected zones into the 
buffer zones , of specified  plants which have never been found infected in that  
demarcated area   
The movement out of a demarcated area, and from the respective infected zone into the buffer 
zones, of specified plants  which  have never been found infected in that demarcated area , may 
only be allowed where all of the following conditions  are fulfilled :  
(a) the specified plants  have  been grown in a site  that belongs to a professional operator  
registered in accordance with Article 65 of Regulation (EU) 2016/2031;   
(b) the specified plants  belong to species of plants which have been grown for at least 
part of their life in a demarcated  area and have been subjected, during  three years 
from the establishment of the demarcated area, to survey activities as referred to in 
Articles 10 and 15 and never found to be infected with the specified pest;  
(c) the species of the specified plants  referred to in point (b) are published in the 
Commission database of host plants which are not known to be infected in that 
specific demarcated area;  
(d) the specified plants  are subject to phytosanitary treatments against all  stages of the 
vector population at appropr iate times of the year to maintain freedom from vectors 
of the specified pest. Those treatments shall include, as appropriate, efficient 
chemical, biological or mechanical methods based on local conditions ;  
(e) as practically close to the time of movement as possible, the lots of the specified 
plants were subjected to official inspection and molecular testing, using a sampling  
EN 14  EN scheme able to identify with  at least  95 % confidence a level of presence of infected 
plants of 1%;  
(f) as practically close to the time of  movement as possible, the lots of th e specified  
plants were subjected to phytosanitary treatments against any of the vectors of the 
specified pest.  
Article 21 
Movement out of a demarcated area, and from the respective infected zones into the 
buffer zones, of specified plants which have been grown for the entire production cycle 
in vitro  in that demarcated area  
The movement out of a demarcated area, and from the respective infected zones into the 
buffer zones, of specifi ed plants  which have been grown for the entire production cycle in 
vitro  in that demarcated area , may only be allowed where all of the following conditions  are 
fulfilled :  
(a) the specified plants  have been grown for the ir entire production cycle in a site that 
has been  authorised in accordance with Article 24; 
(b) the specified plants  have been grown in a transparent container under sterile 
conditions and fulfil one of the following conditions:  
(i)  they have been grown from seeds;  
(ii) they have been propagated, under sterile conditions, from mother plants which 
have spent their entire lives in an area of the Union territory free from the 
specified pest and which have been tested and found free from the specified 
pest;  
(iii) they have been propagated, under sterile conditions, from mother plants which 
have been grown in a site fulfilling the conditions laid down in Article 19 and 
which have been tested and found free from the specified pest using a sampling 
scheme able to identify with at least 95 % confidence  a level of presence of 
infected plants of 1 %; 
(c) the specified plants  are transported through or within demarcated areas in a container 
under sterile conditions that precludes the possibility of infection by the specified 
pest through its vectors.  
Article 22 
Movement out of a demarcated area, and from the respective infected zones into the 
buffer zones, of dormant plants of Vitis  which have been grown for part of their life in  
that demarcated area  
Movement out of a demarcated area, and from the respect ive infected zones into the buffer 
zones, of dormant plants of Vitis intended for planting, other than seeds,  which have been 
grown for part of their life in that demarcated area and are listed as specified plant s for th at 
demarcated area , may only be allowed where all of the following conditions  are fulfilled : 
(a) the plants have been grown in a site  that belongs to an operator  registered in 
accordance with Article 65 of Regulation (EU) 2016/2031 ;  
(b) as practically close to the time of movement as  possible, the plants have undergone 
an appropriate thermotherapy treatment in a treatment facility authorised and  
EN 15  EN supervised by the competent authority for that purpose, whereby the dormant plants 
are submerged for 45 minutes in water heated to 50 °C.  
Article 23 
Movement within the infected zones and within the buffer zones of specified plants 
which have been grown for part of their life in a demarcated area  
The movement within the infected zones and within the buffer zones  of specified  plants which 
have been grown for at least part of their life in a demarcated area may only be allowed where  
all of the following conditions are fulfilled:  
(a) the specified  plants have been grown in a site that belongs to an operator registered 
in accordance with Article 65 of Regulation (EU) 2016/2031 ;  
(b) that site is subject to  annual sampling  and testing for the presence of the specified 
pest, taking into account the information set out  in the Authority’s  Pest Survey Card 
on Xylella fastidiosa ; 
(c) the results of the annual officia l inspection  and of the testing of a representative 
sample confirm the absence of the specified pest; 
(d) the specified plants  are subject to phytosanitary treatments against all stages of the 
vector population at appropriate times of the year to maintain free dom from vectors 
of the specified pest. Those treatments shall include, as appropriate, efficient 
chemical, biological or  mechanical method s, taking into account the  local conditions ;  
(e) the professional operators shall ask the person receiving those plants to sign a 
declaration that those plants are not going to be moved out of those zones.  
Article 2 4 
Authorisation of  production sites  
1. The competent authority may only authorise a  production site for the purposes of  
Articles 19 and 21 where  it fulfil s all of the following conditions:  
(a) it is registered in accordance with Article 65 of Regulation (EU) 2016/2031 ; 
(b) it has been  authorised by the competent authority as a site physically protected 
against  the specified pest and its vectors;  
(c) it has been  subjected annually to at least two official inspections , at the most 
appropriate time . 
2. Where , during the annual official inspections , the competent authorities  detect the 
presence of the specified pest, as well as damages to the physical protection referred 
to in point (b) of paragraph  1, they shall immediately revoke the  authorisation of the 
site and temporarily suspend  the movement of the specified plants out of the 
demarcated areas  concerned , and fro m the respective infected zones into the buffer 
zones .  
3. Each Member State shall establish and update a list of all sites authorised in 
accordance with paragraph 1.   
It shall transmit that list to the Commissio n and the other M ember States  
immediately  after establishing or updating that  list.   
EN 16  EN Article 2 5 
Movement within the Union of specified plants which have never been grown inside a 
demarcated area  
1. Specified plants which have never been grown inside a demarcated areas may only 
be moved within the Union where they have been grown in a site that fulfils the  
following conditions:  
(a) it belongs to a professional operator  registered in accordance with Article 65 of 
Regulation (EU) 2016/2031  and is subject to annual official inspection ;  
(b) it is subject , as appropriate for the level of risk,  to sampling and testing  for the 
presence of the specified pest , using a test listed in Annex IV and  taking into 
account the information  set out in the Authority’s  Pest Survey Card on Xylella 
fastidiosa .  
2. By wa y of d erogation from paragraph 1, plants for planting, other than seeds, of 
Coffea, Lavandula dentata  L., Nerium oleander  L., Olea europaea  L., Polygala 
myrtifolia L. and Prunus dulcis  (Mill.) D.A. Webb, may only be moved for the first 
time within the Union where the following conditions  are fulfilled :  
(a) they have been grown in a site that is subject to annual official inspection ; 
(b) that site  is subject to  sampling  and testing  for the presence of the specified pest , 
taking into account the information set out  in the Authority  Pest Survey Card 
on Xylella fastidiosa  and using a  sampling scheme able to identify with at least 
80 % confidence  a level of presence of infected plants of 1%, 
(c) the results of the annual official inspection  and of the sampling and testing  
confirm the absence of the specified pest.  
Article 2 6 
Movement within the Union of pre -basic mother plants or pre -basic material , which 
have been grown outside a demarcated area  
Pre-basic mother plants as defined in Article 1(3) of Commission Implementing  Directive 
2014/98/EU11 or pre -basic material as defined in Article 2(5) of Council Directive 
2008/90/EC12 which belong to the species Juglans regia  L., Olea europaea  L., Prunus 
amygdalus  Batsch, P. amygdalus  x P. persica , P. armeniaca  L., P. avium  (L.) L., P. cerasus  
L., P. domestica  L., P. domestica  x P. salicina, P. dulcis  (Mill.) D.A. Webb, P. persica  (L.) 
Batsch, and P. salicina  Lindley and which have been grown outside a demarcated area and 
spent at least part of their life outside insect -proof faciliti es, may only be moved within the 
Union where  they are accompanied by a plant passport and the following conditions have 
been fulfilled:  
(a) they have been certified in accordance with Article 1 of Commission Implementing 
Decision (EU) 2017/ 92513; 
                                                 
11 Commission Implementing Directive 2014/98/ EU of 15 October 2014 implementing Council Directive 2008/90/EC as regards 
specific requirements for the genus and species of fruit plants referred to in Annex I thereto, specific requirements to be m et by 
suppliers and detailed rules concerning official i nspections , OJ L 298, 16.10.2014, p. 22 . 
12 Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants 
intended for fruit production , OJ L 267, 8.10.2008, p. 8.  
13 Commission Implementing Decision (EU) 2017/925 of 29 May 2017 temporarily authorising certain Member States to certify 
pre-basic material of certain species of fruit plants, produced in the field under non -insect proof conditions, and repealing 
Implementing Decision (EU) 2017/167 , OJ L 140, 31.5.2017, p. 7.  
EN 17  EN (b) within the shortest possible time prior to their movement, they have been subjected 
to visual inspection, sampling and molecular testing for the presence of the specified 
pest carried out in accordance with International Standards  for Phytosanitary 
Measure s. 
Article 27  
Plant passports  
The plants referred to in Articles 19 to 26 shall only  be move d within the Union if 
accompanied by a plant passport, subject to the requirements of Articles 78 to 95 of 
Regulation (EU) 2016/2031.  
In the case of the specified plants referred to in Article 23, the following additional conditions 
shall apply:  
(a) in the case where they move within the infe cted zones only, the indication 
“Infe cted Zone – XYLEFA”  shall be included next to  the traceab ility c ode 
referred to in point (e) of Part A of Annex VII to Regulation (EU) 2016/2031 ; 
(b) in the case where they move within the buffer zone, or from the buffer zone 
into the infe cted zone, the indication “Buffer Zone  and Infe cted Zone  – 
XYLEFA”  shall be included next  to the traceability referred to in point (e) of 
Part A of Annex VII to Regulation (EU) 2016/2031.  
CHAPTER VIII  
INTRODUCTION INTO THE UNION OF HOST PLANTS  
Article 28 
Introduction into the Union of host plants originating in a third country where the 
specified pest is known not to be  present  
Host plants originating in a third country where the specified pest is known not to be  present , 
may only be introduced into the Union where the following conditions are fulfilled:  
(a) the national plan t protection organisation of the third country concerned has 
communicated in writing to the Commission that the specified pest is known not to 
be present in the country on the basis of official inspection, sampling and molecular 
testing, using a test listed in Annex IV , and in accordance with relevant International 
Standards  for Phytosanitary  Measures . Taking into account the Authority’s  
Guidelines for statistically sound and risk -based surveys of Xylella fastidiosa , the 
survey design and  sampling sche me used are able to identify with at least 80% 
confidence a level of presence of infected plants at national level of 1%;  
(b) the host plants are accompanied by a phytosanitary certificate stating under the rubric 
‘Additional Declaration’ that the specified pe st is not present in the country;  
(c) host plants have been grown in a site that is subject to annual official inspection and, 
as appropriate for the level of risk, with sampling and testing, listed in Annex IV,  
carried out at the appropriate times on those p lants for the presence of the specified 
pest;  
(d) plants for planting, other than seeds, of Coffea, Lavandula dentata  L., Nerium 
oleander  L., Olea europaea  L., Polygala myrtifolia L. and Prunus dulcis  (Mill.) D.A. 
Webb, have been grown in a site that is subje ct to annual official inspection, with 
sampling and testing , listed in Annex IV, carried out at the appropriate times on  
EN 18  EN those plants for the presence of the specified pest, using a sampling scheme able to 
identify  with at least 80 % confidence a level of presence of infected plants of 1%.  
(e) on entry into the Union, the host plants have been checked by the competent 
authority in accordance with Article 33 and the presence of the specified pest has not 
been found.  
Article 2 9 
Introduction into the Union of host plants originating in a pest free area  of an infected 
country  
Host plants originating in a third country where the specified pest is known to be present may 
only be introduced into the Union where all of the following conditions are fulfilled:  
(a) the host plants originate in an area which has been declared to be free from the 
specified pest , by the national plant protection organisation concerned in accordance 
with the relevant International Standards for Phytosanitary Measures and on the basis 
of offi cial surveys based on sampling and testing , using a test listed in Annex IV . 
Taking into account the Authority’s  Guidelines for statistically sound and risk -based 
surveys of Xylella fastidiosa , the survey design and  sampling scheme  used are able to 
identif y with at least 80% confidence a level of presence of infected plants of 1%; 
(b) the national plant protection organisation of the third country concerned has 
communicat ed in writing to the Commission the name of that area;  
(c) the host plants are accompanied by  a phytosanitary certificate stating under the rubric 
‘place of origin’ that the host plants concerned have spent their entire life in the area 
referred to in point (a), with specific reference to the name of that area;  
(d) host plants have been grown in a site that is subject to annual official inspection and, 
as appropriate for the level of risk, with sampling and testing, listed in Annex IV,  
carried out at the appropriate times on those plants for the presence of the spec ified 
pest;  
(e) plants for planting, other than seeds, of Coffea, Lavandula dentata  L., Nerium 
oleander  L., Olea europaea  L., Polygala myrtifolia L. and Prunus dulcis  (Mill.) D.A. 
Webb, have been grown in a site that is subject to annual official inspection, with 
sampling and testing , listed in Annex IV,  carried out at the appropriate times on 
those plants for the presence of the specified pest, using a sampling scheme able to 
identify  with at least 80 % confidence  a level of presence of infected plants of 1%.   
(f) on entry into the Union, the host plants have  been checked by the competent 
authority in accordance with Article 33 and the presence of the specified pest has not 
been found.  
Article 30 
Introduction into the Union of host plants originating in a pest fre e production site  of an 
infected country  
1. Host p lants  originating in a third country where the specified pest is known to be 
present may only be introduced into the Union where the following conditions are 
fulfilled:  
(a) the host plants originate in a production site that has been authorised as  pest 
free by the national plant protection organisation in accordance with Article 31;  
EN 19  EN (b) the national plant protection organisation of the third country concerned has 
communicated in wri ting to the Commission the list of pest free production  
sites, including their location within the country ; 
(c) the host plants are accompanied by  a phytosanitary certificate stating the 
following:  
(i) under the rubric ‘additional declaration’ , that t he host p lants have been 
produced for their entire production cycle in one or more sites authorised 
as pest free by the national plant protection organisation in accordance 
with Article 31 and that the host plants have been transported in closed 
containers or packa ging, ensuring that infection with the specified pest or 
any of its known vectors cannot occur ; 
(ii) under the rubric ‘place  of origin’ , the name or code of th e pest free 
production site (s). 
(d) on entry into the Union , the host plants  have been checked by the  competent 
authority in accordance with Article 33 and the presence of the specified pest 
has not been found.   
2. Host plants which originate in a third country where the specified pest is known to be 
present and have been grown for the entire production c ycle in vitro, may only be 
introduced into the Union where  the following conditions are fulfilled:  
(a) the host plants meet one of the following conditions:  
(i) they have been grown from seeds;  
(ii) they have been propagated, under sterile conditions, from mot her plants 
which have spent their entire lives in an area free from the specified pest 
and which have been tested and found free from the specified pest;  
(iii) they have been propagated, under sterile conditions, from mother plants 
which have been grown in  a site fulfilling the conditions of Article 26 
and which have been tested and found free from the specified pest.  
(b) the host plants have been grown in a production site that has been authorised as 
pest free by the national plant protection organisation in accordance with 
Article 31; 
(c) the national plant protection organisation of the third country concerned has 
communicated in writing to the Commission  the list of pest free production 
sites, including their location within the country .; 
(d) the host plants are accompanied by a phytosanitary certificate  stating  the 
following : 
(i) under the rubric ‘ additional declaration’ , that the host plants  have been 
produced in vitro  for their entire production cycle in one or more sites 
authorised as pest free by the national plant protection organisation in 
accordance with  Article 30 and that the host plants  have  been transported 
in closed containers or packaging, ensuring that infection with the 
specified pest or any of its known vectors cannot occur ;  
(ii) under the rubric ‘place of origin’, t he name or code of th e pest free 
production site .   
EN 20  EN Article 31 
Authorisation of production sites  as pest free  
1. A production site may only be authorised as pest free where all of  the following 
conditions  are fulfilled : 
(a) the production site  has been  declared  by the national plant protection 
organisation as an insect -proof site  free from the specified pest and its vectors, 
in accordance with the relevant International Standards for Phytosanitary 
Measures ;  
(b) the production site has undergone phytosanitary treatments against all stages of 
the vector population at appropriate times of the year to maintain freedom from 
vectors of the specified pest. Those treatments shall include efficient chemical, 
biological or mechanical met hods based on local conditions;  
(c) the production site  is subjected annually to at least two official inspections, at 
the most appropriate time;  
(d) as close as possible to the time of movement, the host plants originating in the 
production site  have been subject ed to molecular testing for the presence of the 
specified pest on the basis of  a test  listed in Annex IV  and using a sampling 
scheme able to identify with at least 90% confidence a level of presence of 
infected plants of 1%.  
Where during the annual officia l inspections , the competent authorities detect the 
presence of the specified pest, as well as damages hindering the insect -proof 
conditions of the pest free production site, the y shall immediately revoke the 
authorisation of the site  and temporarily suspe nd the movement of the host plants. 
They  shall  immediately inform  the Commission  thereof . 
CHAPTER IX  
OFFICIAL CHECKS ON MOVEMENT OF SPECIFIED 
PLANTS WITHIN, AND OF HOST PLANTS INTO, THE 
UNION  
Articl e 32 
Official checks on movements of spec ified plants within the Union  
1. Member States shall carry out systematic official checks on spec ified plants being 
moved out of a demarcated area, or from an infected zone to a buffer zone.  
2. Such checks shall be performed at least in the locations, including roads, airports and 
ports, where the host  plants are moved from infected zones into buffer zones  or other 
parts of the Union territory . 
Those checks shall include a documentary check, and an identity check of the 
specified  plants.  
4. Those checks shall be carried  out irrespective of the declared origin  of the specified 
plants, ownership or the person or entity responsible for them.  
5. Where th ose check s show that the conditions laid down in Articles 19 to 2 3 are not 
satisfied, the Member State which carried  them out shall immediately destroy the 
non-compliant plant in situ  or in a nearby location. That action shall be carried out  
EN 21  EN taking all necessary precautions to avoid spreading of the specified pest, and any 
vectors carried by that plant, during and after remov al. 
Article 33 
Official checks at introduction into the Union  
1. All consignments of host plants introduced into the Union from a third country shall 
be officially checked at the point of entry into the Union or at the place of destination 
established in accordance with Commission Directive 2004/103/EC14. 
2. Ιn case of host plants originating in a reas where the specified pest is known to occur, 
the competent authority shall carry out an inspection, consisting of sampling and 
testing of the lot of the specified plants to confirm the absence of the specified pest, 
using a  sampling scheme able  to identify with at least 80% confidence,  a level of 
infected plants of 1%, taking account of ISPM No 31.   
3. Paragraph 2 shall not apply to host plants which have been grown for the entire 
production cycle in vitro  and are transported in transparent containers under sterile 
conditions.  
CHAPTER X  
COMMUNICATION ACTIVITIES  
Article 34 
Awareness campaigns  
1. Member States shall make information available to the general public, travellers, 
professional and international t ransport operators concerning the threat of the 
specified pest for the Union territory. They shall make that information publicly 
available, in the form of targeted awareness campaigns on the respective websites of 
the competent authority or other websites  designated by those bodies.  
2. Within the demarcated areas, the Member State concerned shall raise public 
awareness concerning the threat of the specified pest and the measures adopted to 
prevent its introduction into and spread within the Union. It shall  ensure that the 
general public, travellers and relevant operators are aware of the delimitation of the 
demarcated area, the infected zone and the buffer zone. The Member State concerned 
shall also inform relevant opera tors about the measures to take again st the vector as 
laid down in Articl es 8 and 14.   
CHAPTER XI  
FINAL PROVISIONS  
Article 3 5 
Reporting on measures by Member States  
1. Member States shall , by 30 April of each year , transmit  to the Commission and to the 
other Member States a report on the measures taken during the preceding year, 
pursuant to Articles 2, 4, 5, 7 to 18 and 3 2, as applicable, and on the results of those 
measures . 
                                                 
14 Commission Directive 2004/103/EC of 7 October 2004 on identity and plant health checks of plants, plant products or other 
objects, listed in Part B of Annex V to Council Directive 2000/29/EC, which may be carried out at a place other  than the point of 
entry into the Community or at a place close by and specifying the conditions related to the se checks , OJ L 313, 12.10.2004.   
EN 22  EN 2. Member States shall, by 31 December of each year, transmit  to the Commission and 
the other Member S tates a plan setting out  the measures to be taken pursuant to 
Articles 2, 4, 5, 7 to 18 and 32, as applicable,  in the following year . That plan shall 
set out the scheduled time period of each measure , the deadlines for implementing 
the measures and the allocated budget  for all measures . 
3. Where justified by the development of the respective phytosanitary risk, Member 
States shall adapt the respective measures and accordingly update the plan referred to 
paragraph 2 . They shall immediately communicate that u pdate to the Commission 
and the other Member States.  
4. The Member State concerned shall immediately notify the Commission and the other 
Member States of any official identification of the presence of the specified pest in 
the locations referred to in Article  15(2)(a).  
Article 3 6 
Compliance  
Member States shall , as necessary in order to comply with this Regulation,  repeal or amend 
the measures , which they have adopted to protect themselves against the introduction and 
spread of the specified pest. They shall im mediately  inform the Commission of the repeal or 
amendment of those measures.   
Article 3 7 
Repeal  
Implementing Decision (EU) 2015 /789 is repealed . 
Article 3 8 
Entry into force  and application  
This Regulation shall enter into force on the third day following that of its publication in the 
Official Journal of the European Union . However, the second sentence of Article 2(4), the 
second sentence of Article 2 8(a) and  the second sentence of  Article 2 9(b) shall  apply from 1 
January 202 3. 
This Regulatio n shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula VON DER LEYEN