DECISIONS  
COMMISSION IMPLEMENTING DECISION  
of 5 December 2012  
as regards measures to prevent the introduction into and the spread within the Union of  
Pseudomonas syringae  pv.  actinidiae  Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto  
(notified under document C(2012) 8816)  
(2012/756/EU)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European 
Union,  
Having regard to Council Directive 2000/29/EC of 8 May 2000 
on protective measures against the introduction into the 
Community of organisms harmful to plants or plant products 
and against their spread within the Community (  1 ), and in 
particular the third sentence of Article 16(3) thereof,  
Whereas:  
(1) Italy has informed the Commission that a new aggressive 
strain of  Pseudomonas syringae  pv.  actinidiae  Takikawa, 
Serizawa, Ichikawa, Tsuyumu & Goto, hereinafter ‘the 
specified organism’, the causal agent of kiwi canker, is 
present in its territory and that it has adopted official 
measures to prevent the further introduction and 
spread within its territory of the specified organism. 
The available information also shows that the new 
aggressive strain of the specified organism is present in 
a third country that exports the propagating material of 
kiwi plants, including pollen, to the Union.  
(2) The specified organism is neither listed in Annex I nor in 
Annex II to Directive 2000/29/EC. It appears from a 
preliminary pest risk analysis carried out by the 
Commission on the basis of an assessment prepared by 
the European and Mediterranean Plant Protection Organ ­
ization (EPPO) that the specified organism causes harmful 
effects to plants of  Actinidia  Lindl.  
(3) Due to the complexity of the taxonomic identification of 
the new aggressive strain of the specified organism, it is 
appropriate to provide for measures applying to the 
specified organism as such, without restricting measures 
to the strain concerned.  
(4) Measures should be provided for concerning the intro ­
duction into the Union of plants for planting of  Actinidia  
Lindl. from third countries. Measures should also be provided for concerning the movement within the Union 
of these plants originating in the Union.  
(5) Surveys for the presence of the specified organism should 
be carried out in all Member States and the results 
notified.  
(6) Member States should, if necessary, adapt their legislation 
in order to comply with this Decision.  
(7) This Decision should apply until 31 March 2016 to 
allow time to monitor the evaluation of the situation.  
(8) The measures provided for in this Decision are in 
accordance with the opinion of the Standing 
Committee on Plant Health,  
HAS ADOPTED THIS DECISION:  
Article 1  
Emergency measures against  Pseudomonas syringae  pv.  
actinidiae  Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto  
Pseudomonas syringae  pv.  actinidiae  Takikawa, Serizawa, Ichikawa, 
Tsuyumu & Goto, hereinafter ‘the specified organism’, shall not 
be introduced into or spread within the Union.  
Article 2  
Introduction of live pollen and plants intended for 
planting, other than seeds, of  Actinidia  Lindl. into the 
Union  
Live pollen and plants intended for planting, other than seeds, 
of Actinidia  Lindl., hereinafter ‘the specified plants’, originating 
in third countries may only be introduced into the Union if 
they comply with the specific requirements for introduction, as 
set out in Annex I.  
Article 3  
Movement of the specified plants within the Union  
The specified plants may only be moved within the Union if 
they meet the specific requirements, as set out in Annex II.EN 7.12.2012 Official Journal of the European Union L 335/49  
( 1 ) OJ L 169, 10.7.2000, p. 1.Article 4  
Surveys and notifications of the specified organism  
1. Member States shall conduct official annual surveys for 
the presence of the specified organism on the specified plants.  
Member States shall notify the results of those surveys to the 
Commission and to the other Member States by 31 January of 
the year following the year of the survey.  
2. Each Member State shall immediately notify in writing the 
Commission and the other Member States of the presence of 
the specified organism in a part of its territory where that 
presence was previously unknown.  
3. If the specified organism is found or suspected to be 
present in an area where its presence was previously 
unknown, the responsible official bodies shall immediately be 
notified.  Article 5  
Compliance  
Member States shall immediately inform the Commission of the 
measures they have taken to comply with this Decision.  
Article 6  
Application  
This Decision shall apply until 31 March 2016.  
Article 7  
Addressees  
This Decision is addressed to the Member States.  
Done at Brussels, 5 December 2012.  
For the Commission  
Tonio BORG  
Member of the CommissionEN L 335/50 Official Journal of the European Union 7.12.2012ANNEX I  
SPECIFIC REQUIREMENTS FOR INTRODUCTION INTO THE UNION, AS REFERRED TO IN ARTICLE 2  
Section I  
Phytosanitary certificate  
(1) Specified plants originating in third countries shall be accompanied by a phytosanitary certificate, as referred to in the 
first subparagraph of Article 13(1)(ii) of Directive 2000/29/EC (hereinafter ‘the certificate’), which includes under the 
heading ‘Additional declaration’ the information set out in points (2) and (3).  
(2) The certificate shall include the information that one of the following points is fulfilled:  
(a) The specified plants have been grown throughout their life in a country where the specified organism is known 
not to occur.  
(b) The specified plants have been grown throughout their life in a pest free area, established as regards the specified 
organism by the National Plant Protection Organisation (hereinafter ‘the NPPO’) of the country of origin in 
accordance with the FAO International Standard for Phytosanitary Measures (hereinafter ‘ISPM’) No 4 (  1 ). 
(c) The specified plants have been produced in a pest free place or a pest free site of production, established as 
regards the specified organism by the NPPO in accordance with the FAO ISPM No 10 (  2 ). The specified plants 
have been grown in a structure with a degree of isolation and protection from the outside environment that 
effectively excludes the specified organism. At that place the specified plants have been officially inspected twice at 
the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior 
to the export and found free from the specified organism.  
That place of production is surrounded by a zone with a radius of at least 500 m, where official inspections were 
carried out twice at the most appropriate times for detecting symptoms of infection during the last complete cycle 
of vegetation prior to the export and any plants showing symptoms of infection which were found during those 
inspections and all adjacent specified plants within the distance of 5 m were immediately destroyed.  
(d) The specified plants have been produced in a pest free place of production established as regards the specified 
organism by the NPPO in accordance with the FAO ISPM No 10 (  2 ). 
That place of production is surrounded by a zone with a radius of 4 500 m. Official inspections, sampling and 
testing have been carried out at that place of production and throughout that zone twice at the most appropriate 
times for detecting symptoms of infection during the last complete cycle of vegetation prior to the export. The 
specified organism has not been found during the official inspections, sampling and testing.  
(3) Where the information set out in point (2)(c) or (2)(d) is given, the certificate shall, in addition, include the 
information that one of the following points is satisfied:  
(a) The specified plants have been directly derived from mother plants grown under conditions compliant with point 
(2)(a) or (2)(b) or 2(c).  
(b) The specified plants have been directly derived from mother plants, which were subject to prior individual testing 
confirming their freedom from the specified organism.  
(c) The specified plants have been tested according to a sampling scheme able to confirm with 99 % reliability that 
the level of presence of the specified organism in the specified plants is below 0,1 %.  
(4) Where the information set out in point (2)(b) is given, the name of the pest free area shall be included under the 
heading ‘Place of Origin’ of the certificate.EN 7.12.2012 Official Journal of the European Union L 335/51  
( 1 ) Requirements for the establishment of the pest free areas. ISPM No 4 (1995), FAO 2011.  
( 2 ) Requirements for the establishment of pest free places of production and pest free production sites. ISPM No 10 (1999), FAO 2 011.Section II  
Inspection  
Specified plants introduced into the Union accompanied by a phytosanitary certificate complying with Section I shall be 
rigorously inspected and, where appropriate, tested for the presence of the specified organism at the point of entry or at 
the place of destination established in accordance with Commission Directive 2004/103/EC (  1 ). 
In case the specified plants are introduced into the Union through a Member State other than the Member State of the 
destination of those plants, the responsible official body of the Member State of entry shall notify the responsible official 
body of the Member State of destination.EN L 335/52 Official Journal of the European Union 7.12.2012  
( 1 ) OJ L 313, 12.10.2004, p. 16.ANNEX II  
REQUIREMENTS FOR MOVEMENT WITHIN THE UNION, AS REFERRED TO IN ARTICLE 3  
(1) Specified plants originating in the Union may be moved within the Union only if they are accompanied by a plant 
passport prepared and issued in accordance with Commission Directive 92/105/EEC (  1 ) and if they meet the 
requirements set out in point (2).  
(2) The specified plants shall satisfy one of the following points:  
(a) The specified plants have been grown throughout their life in a Member State where the specified organism is not 
known to occur.  
(b) The specified plants have been grown throughout their life in a protected zone recognised as regards the specified 
organism in accordance with Article 2(1)(h) of Directive 2000/29/EC.  
(c) The specified plants have been grown throughout their life in a pest free area, established as regards the specified 
organism by the responsible official body of a Member State in accordance with the FAO ISPM No 4 (  2 ). 
(d) The specified plants have been produced in a pest free place or a pest free site of production, established as 
regards the specified organism by the responsible official body of the Member State of origin in accordance with 
the FAO ISPM No 10 (  3 ). The specified plants have been grown in a structure with a degree of isolation and 
protection from the outside environment that effectively excludes the specified organism. At that place the 
specified plants have been officially inspected twice at the most appropriate times for detecting symptoms of 
infection during the last complete cycle of vegetation prior to the movement and found free from the specified 
organism.  
That place is surrounded by a zone with a radius of at least 500 m, where official inspections were carried out 
twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of 
vegetation prior to the movement and any plants showing symptoms of infection which were found during 
those inspections and all adjacent specified plants within the distance of 5 m were immediately destroyed.  
(e) The specified plants have been produced in a pest free place of production, established as regards the specified 
organism by the responsible official body of the Member State of origin in accordance with the FAO ISPM 
No 10 (  3 ). 
That place of production is surrounded by a zone with a radius of 500 m, hereinafter the ‘surrounding zone’. 
Official inspections, sampling and testing have been carried out at that place of production and throughout the 
surrounding zone twice at the most appropriate times for detecting symptoms of infection during the last 
complete cycle of vegetation prior to the movement. The specified organism has not been found during the 
official inspections, sampling and testing.  
The surrounding zone is surrounded by a zone with a width of 4 km, where following official inspections, 
sampling and testing that have been carried out throughout that zone twice at the most appropriate times for 
detecting symptoms of infection during the last complete cycle of vegetation prior to the movement, eradication 
measures were taken in all cases when the specified organism has been identified on the specified plants. These 
measures consisted of the immediate destruction of the infected specified plants and all adjacent specified plants 
within the distance of 5 m.EN 7.12.2012 Official Journal of the European Union L 335/53  
( 1 ) OJ L 4, 8.1.1993, p. 22.  
( 2 ) Requirements for the establishment of the pest free areas. ISPM No 4 (1995), FAO 2011.  
( 3 ) Requirements for the establishment of pest free places of production and pest free production sites. ISPM No 10 (1999), FAO 2 011.(3) Where the requirements set out in point (2)(d) or (2)(e) are met, the specified plants shall, in addition, satisfy one of 
the following requirements:  
(a) The specified plants have been directly derived from mother plants grown under conditions compliant with point 
(2)(a) or (2)(b) or (2)(c) or 2(d).  
(b) The specified plants have been directly derived from mother plants, which were subject to prior individual testing 
confirming their freedom from the specified organism.  
(c) The specified plants have been tested according to a sampling scheme able to confirm with 99 % reliability that 
the level of presence of the specified organism in the specified plants is below 0,1 %.  
(4) The specified plants introduced into the Union in accordance with Annex I from third countries may be moved 
within the Union only if they are accompanied by the plant passport referred to in point (1).EN L 335/54 Official Journal of the European Union 7.12.2012