COMMISSION IMPLEMENTING DECISION (EU) 2016/764 
of 12 May 2016 
amending Implementing Decision (EU) 2015/789 as regards measures to prev ent the introduction 
into and the spread within the Union of Xylella fastidiosa (Wells et al.) 
(notifi ed under document C(2016) 2731) 
THE EUR OPEAN COMMISSION, 
Having regar d to the Treaty on the Functioning of the European Union, 
Having regar d to Council Directive 2000/29/EC of 8 May 2000 on prote ctive 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 fourth senten ce of Article 16(3) thereof, 
Whereas: 
(1)  Since the adop tion of Commission Implementing Decision (EU) 2015/789 (2), and until Febr uary 2016, several 
outbreaks of Xylella fastidiosa (Wells et al.) (hereinaf ter ‘the specified organism’) in different parts of the area 
surrounding the province of Lecce have been notified by Italy to the Commission. Those outbreaks have taken 
place in man y different municipalities locat ed in the provinces of Taranto and Brindisi. Further more, the last 
audit carried out by the Commission in November 2015 conf irmed that the survey activities required by 
Implementing Decision (EU) 2015/789 were conducted only to a very limited extent in the area surrounding the 
province of Lecce (Apulia region, Italy). That audit also confir med that the current programme of surveys still 
does not ensure the timely detection of new outbreak s or the accurate deter mination of the true extent of the 
spread of the specifi ed organism in the area. 
(2)  The last audit conf irmed the risk of a rapid spread of the specified organism in the rest of the area concer ned. 
For this reason, and given the size of that area, it is appropr iate to expand the infect ed zone where containment 
measures may apply beyond the borders of the province of Lecce, and allow the move of specifi ed plants out of 
that area only under very strict conditions. Such expansion should take place without dela y taking into account 
that the risk of further spreading of the specifi ed organism in the rest of the Union territory increases with the 
start of the flight season of the insect vectors in early spring. The infected zone should theref ore be extended to 
cover those municipalities, or parts of certain municipalities, of the provinces of Brindisi and Taranto where 
outbreaks of the specified organism have taken place or where it is likely that that organism is already spread and 
established. That infected zone, however , should not include the area that has been declared by Italy as free from 
the specifi ed organism before the adoptio n of this Decision. 
(3)  For purposes of legal certainty , the wording of point (c) of Article 7(2) should be amended to make clear that the 
measures to be taken in accordance with that Article apply in the infect ed zone and not outside of it. 
(4)  In order to ensure effective prot ection of the rest of the Union territory from the specifi ed organism, and in view 
of the enlarg ement of the containment area, it is appropr iate to replace the surveillance zone with new 
requirements for surveys in that containment area. Those requirements should apply to an area of a width of 
20 km from the borders of the buff er zone and extending into that containment area, and within the 
surrounding buff er zone of 10 km. 
(5)  Since the adoptio n of Implementing Decision (EU) 2015/789, exper ience has shown that it is dispropor tionate to 
apply the same requirements for the movement of specifi ed plants within the infect ed zones as for their 
movement out of the infect ed zones into the buffe r zones, because the specified organism is already established 
in those infected zones. 
(6)  Since the adoptio n of Implementing Decision (EU) 2015/789, exper ience has conf irmed that specifi ed plants 
whic h are grown for their entire production cycle in vitro, in a sterile medium, do not pose a risk of spreading of 
the specified organism, because that mode of growth eliminates the risk of infection by precluding the possibility 
of contact with the vect ors of the specifi ed organism. It is theref ore appropr iate to allow the movement within 
and the introduction into the Union of those specifi ed plants under certain conditions. 14.5.2016 L 126/77 Official Jour nal of the European Union EN     
(1)OJ L 169, 10.7.2000, p. 1. 
(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). (7)  Since the adoptio n of Implementing Decision (EU) 2015/789, exper ience with official checks has shown that 
specified plants originating in areas whic h are free from the specifi ed organism, should be subject to the same 
requirements as the specified plants originating in third countr ies where the specifi ed organism is not present, as 
regar ds official checks at introduction into the Union. 
(8)  Annex I should be amended to include all plant species whic h, since the adoptio n of Commission Implementing 
Decision (EU) 2015/2417 (1) have been identified by the Commission as specifi ed plants. 
(9)  The measures provided for in this Decision are in accordance with the opinion of the Standing Committ ee on 
Plants, Animals, Food and Feed, 
HAS ADOPTED THIS DECISION: 
Article 1 
Amendments to Implementing Decision (EU) 2015/789 
Implementing Decision (EU) 2015/789 is amended as follows:  
(1) in Article 4(2), the third subparagraph is replaced by the following: 
‘As regards the presence of the specified organism in the province of Lecce, and in the municipalities, liste d in 
Annex II, the infected zone shall at least include that province and those municipalities, or as applicable, the land 
registr y plots (“Fog li”) of those municipalities.’;  
(2) Article 7 is amended as follows: 
(a)  paragraph 1 is replaced by the following: 
‘1. By way of derogation from Article 6, only in the infec ted zone refer red to in the third subparagraph of 
Article 4(2), the responsible official body of the Member State concer ned may decide to apply the containment 
measures set out in paragraphs 2 to 7 (hereinaf ter: “containment area”)’; 
(b)  in paragraph 2, point (c) is replaced by the following: 
‘(c)  a location within the infect ed zone refer red to in the third subparagraph of Article 4(2), situated within a 
distance of 20 km from the border of that infected zone with the rest of the Union territory.’; 
(c)  the following paragraph 7 is added: 
‘7. The Member State concer ned shall monit or the presence of the specified organism by annual surveys at 
appropr iate times during the year in the areas situated within the distance of 20 km as referred to in point (c) of 
paragraph 2. 
Those surveys shall be carried out in accordance with the provisions of Article 6(7).’;  
(3) Article 8 is delet ed;  
(4) in Article 9, paragraph, 1 is replaced by the following: 
‘1. This Article shall apply to specifi ed plants, other than plants which have been grown for the entire production 
cycle in vitro. 
The movement out of the demarcat ed areas, and from the infected zones into the respective buffe r zones, of 
specif ied plants which have been grown for at least part of their life in a demarcat ed area established in accordance 
with Article 4, shall be prohibited.’; 14.5.2016 L 126/78 Official Jour nal of the European Union EN     
(1)Commission Implementing Decision (EU) 2015/2417 of 17 December 2015 amending Implementing Decision (EU) 2015/789 as 
regar ds measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.) (OJ L 333, 
19.12.2015, p. 143). (5) the following Article 9a is inser ted: 
‘Article 9a 
Movement within the Union of specif ied plants which have been grown in vitro 
1. Specifi ed plants whic h have been grown for the entire production cycle in vitro , and for at least part of their 
life in a demarcated area established in accordance with Article 4, may only be moved out of the demarcat ed areas, 
and from the infected zones into the respective buffer zones, if the conditions set out in paragraphs 2 to 5 are 
fulfilled. 
2. The specified plants refer red to in paragraph 1 have been grown in a site where all of the following conditions 
are fulfilled: 
(a)  it is register ed in accordance with Directive 92/90/EEC; 
(b)  it is author ised by the responsible official body as a site free from the specified orga nism and its vect ors, taking 
into account the relevant Intern ational Standards for Phytosanitar y Measures; 
(c)  it is physically prote cted against the introduction of the specifi ed organism by its vect ors; 
(d)  it is subjecte d annually to at least two official inspections carried out at appropr iate times; 
(e)  throughout the time of growth of the specifi ed plants, neither symp toms of the specified orga nism nor its 
vect ors were found in the site or, if suspect symp toms were obser ved, tests carried out confir med the absence of 
the specified organism. 
3. The specified plants refer red to in paragraph 1 have been grown in a transparent container under sterile 
conditions and fulfil one of the following conditions: 
(a)  they have been grown from seeds; 
(b)  they have been propagat ed, under sterile conditions, from mother plants which have spent their entire lives in 
an area of the Union territory free from the specified organism and which have been tested and found free from 
the specified organism; 
(c)  they have been propagat ed, under sterile conditions, from mother plants whic h have been grown in a site 
fulfilling the conditions set out in paragraph 2 and whic h have been tested and found free from the specified 
organism. 
4. The specifi ed plants refer red to in paragraph 1 shall be transpor ted in a transparent container under sterile 
conditions that precludes the possibility of infection by the specifi ed organism through its vect ors. 
5. They shall be accompanied by a plant passpor t prepared and issued in accordance with Directive 92/105/EEC.’;  
(6) Article 17 is amended as follows: 
(a)  in paragraph 3, the introduct ory phrase is replaced by the following: 
‘Where specified plants, other than plants which have been grown for the entire production cycle in vitro 
originate in an area where the specifi ed organism is kno wn to be present, the phyt osanitar y certificate shall state 
under the rubric “Additional Declaration” that:’; 
(b)  the following paragraph 3a is inser ted: 
‘3a. Where specifi ed plants, whic h have been grown for the entire production cycle in vitro , originate in an 
area where the specified orga nism is kno wn to be present, the phytosanitar y certificate shall state under the 
rubric “Additional Declaration” that : 
(a)  the specified plants have been grown in one or more sites fulfilling the conditions set out in paragraph 4a; 
(b)  the national plant prote ction orga nisation of the third countr y concer ned has communicated in writing to 
the Commission the list of those sites, including their location within the countr y; 14.5.2016 L 126/79 Official Jour nal of the European Union EN     (c)  the specified plants have been transpor ted under steri le conditions in a transparent container that precludes 
the possibility of infection by the specified organism through its vectors; 
(d)  the specified plants meet one of the following conditions: 
(i)  they have been grown from seeds; 
(ii)  they have been propagat ed, under sterile conditions, from mother plants whic h have spent their entire 
lives in an area free from the specifi ed orga nism and which have been tested and found free from the 
specified organism; 
(iii)  they have been propagat ed, under sterile conditions, from mother plants which have been grown in a 
site fulfilling the conditions of paragraph 4 and which have been tested and found free from the 
specified organism. 
The phyt osanitar y certificate refer red to in point (a) of paragraph 1 shall indicate under the rubric “place of 
origin” the site referred to in point (a) of this paragraph.’; 
(c)  the following paragraph 4a is added: 
‘4a. The site refer red to in point (a) of paragraph 3a shall fulfil all of the following conditions: 
(a)  it is author ised by the national plant protection organisation as free from the specifi ed organism and its 
vect ors, in accordance with the relevant International Standards for Phytosanitar y Measures; 
(b)  it is physically prote cted against the introduction of the specifi ed organism by its vect ors; 
(c)  it is subjected annually to at least two official inspections carried out at appropr iate times; 
(d)  throughout the production time of the specif ied plants, neither symp toms of the specified organism nor its 
vect ors were found in the site, or, if suspect symp tom s were obser ved, testing has been under take n and 
absence of the specifi ed organism has been conf irmed.’;  
(7) in Article 18, paragraphs 2, 3 and 4 are replaced by the following: 
‘2. In the case of specif ied plants originating in a third countr y, where the specified organism is not present or in 
an area refer red to in Article 17(2), the responsible official body shall carry out the following chec ks: 
(a)  a visual inspection; and 
(b)  in the case of suspicion of the presence of the specif ied organism, sampling and testin g of the lot of the 
specified plants to conf irm the absence of the specifi ed organism or its symp toms. 
3. In the case of specified plants, originating in an area where the specifi ed orga nism is kno wn to be present the 
responsible official body shall carry out the following checks: 
(a)  a visual inspection; and 
(b)  sam pling and testing of the lot of the specifi ed plants to conf irm the absence of the specifi ed organism or its 
symp toms. 
4. The samp les referred to in paragraphs 2(b) and 3(b) shall be of a size that allows identifying with 99 % 
reliability a level of infected plants of 1 % or above, taking account of ISPM No 31. 
The first subparagraph shall not apply to specifi ed plants whic h have been grown for the entire production cycle in 
vitro and are transpor ted in transparent containers under sterile conditions.’;  
(8) Annex I is amended as set out in Annex I to this Decision.  
(9) the Annex set out in Annex II to this Decision is added as Annex II. 14.5.2016 L 126/80 Official Jour nal of the European Union EN     Article 2 
Addre ssees 
This Decision is addressed to the Member States. 
Done at Brussels, 12 May 2016. 
For the Commission 
Vytenis ANDRIUKAITIS 
Member of the Commission  14.5.2016 L 126/81 Official Jour nal of the European Union EN     ANNEX I 
Annex I to Implementing Decision (EU) 2015/789 is amended as follows:  
(1) the following entr ies are inser ted in alphabetical order : 
Ambrosia 
Artemisia arborescens L. 
Coelor achis cylindr ica (Michx.) Nash 
Coprosma repens A. Rich. 
Coronilla valentina L. 
Cyper us eragrostis Lam. 
Fagopyr um esculentum Moenc h 
Lavandula stoechas L. 
Solanum lycopersicum L. 
Metrosider os excelsa Sol. ex Gaer tn 
Parthenocissus quinquefo lia (L.) Planch. 
Polyg ala x grandif lora nana 
Rhus 
Rosa x floribunda 
Salvia apiana Jeps. 
Solanum melonge na L. 
Solidago fistulosa Mill. 
Ulmus 
Vicia sativa L.  
(2) the following entr ies are delet ed: 
Ambrosia acanthicar pa Hook . 
Ambrosia artemisiifo lia L. 
Ambrosia trifida L. 
Rhus diversiloba Torr. & A. Gray 
Ulmus amer icana L. 
Ulmus crassifoli a Nutt.  
(3) the entr y ‘Cytisus racemosus Broom’ is replaced by the following: 
‘Genista x spachiana (syn. Cytisus racemosus Broom)’ .  14.5.2016 L 126/82 Official Jour nal of the European Union EN     ANNEX II 
The following Annex II is added to Implementing Decision (EU) 2015/789: 
‘ANNEX II 
LIST OF MUNICIP ALITIES REFERRED TO IN ARTICLE 4(2)  
1. Municipalities located in the province of Brindisi: 
Brindisi  
Carovigno  
Cegl ie Messapica Only land registr y plots (Fogli) 11, 20 to 24, 32 to 43, 47 to 62, 66 to 135 
Cellino San Marco  
Erchie  
Fran cavilla Fontana  
Latiano  
Mesagne  
Oria  
Ostuni Only land registr y plots (Fogli ) 34 to 38, 48 to 52, 60 to 67, 74, 87 to 99, 111 
to 118, 141 to 154, 175 to 222 
San Donaci  
San Michele Salentino  
San Pancrazio Salentino  
San Pietro Vernotico  
San Vito dei Normanni  
Torchiar olo  
Torre Santa Susanna  
Villa Castelli     
2. Municipalities located in the province of Taranto: 
Avetrana  
Carosino  
Fagg iano  
Frag agnano  
Grottaglie Only land registr y plots (Fogli) 5, 8, 11 to 14, 17 to 41, 43 to 47, 49 to 89 
Lepor ano Only land registr y plots (Fogli) 2 to 6, 9 to 16 
Lizzano  
Mandur ia  
Mar tina Franca Only land registr y plots (Fogli) 246 to 260 14.5.2016 L 126/83 Official Jour nal of the European Union EN     Mar uggio  
Monteiasi  
Montepar ano  
Pulsano  
Roccafo rzata  
San Giorgio Ionico  
San Marzano di San Giuseppe  
Sava  
Taranto Only : (Section A, land registr y plots (Fogli ) 49, 50, 220, 233, 234, 250 to 252, 262, 
275 to 278, 287 to 293, 312 to 318) 
(Section B, land registr y plots (Fogli) 1 to 27) 
(Section C, land registr y plots (Fog li) 1 to 11) 
Torricella’.    14.5.2016 L 126/84 Official Jour nal of the European Union EN