DECISIONS  
COMMISSION IMPLEMENTING DECISION  
of 16 May 2012  
as regards emergency measures to prevent the introduction into and the spread within the Union of  
Epitrix cucumeris  (Harris),  Epitrix similaris  (Gentner),  Epitrix subcrinita  (Lec.) and  Epitrix tuberis  
(Gentner)  
(notified under document C(2012) 3137)  
(2012/270/EU)  
THE EUROPEAN COMMISSION,  
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) It appears from an assessment carried out by the 
Commission on the basis of a pest risk analysis 
produced by the European and Mediterranean Plant 
Protection Organisation that  Epitrix cucumeris  (Harris),  
Epitrix similaris  (Gentner),  Epitrix subcrinita  (Lec.) and  
Epitrix tuberis  (Gentner) cause harmful effects to 
susceptible plants. They affect, in particular, tubers of  
Solanum tuberosum  L., including those intended for 
planting, hereinafter ‘potato tubers’, which are produced 
in the whole Union. Those organisms are listed neither in 
Annex I nor in Annex II to Directive 2000/29/EC.  
(2) Portugal has informed the Commission that  Epitrix 
cucumeris  (Harris) and  Epitrix similaris  (Gentner) are 
present in that Member State. A notification submitted 
by Spain on 8 September 2010 shows the first findings 
of Epitrix similaris  (Gentner) in one region of that Member 
State. The available information also shows that  Epitrix 
cucumeris  (Harris) and  Epitrix tuberis  (Gentner) are present 
in a third country that currently exports potato tubers to 
the Union.  
(3) Measures should be provided for concerning the intro ­
duction into the Union of potato tubers from third 
countries where  Epitrix cucumeris  (Harris),  Epitrix similaris  
(Gentner),  Epitrix subcrinita  (Lec.) or  Epitrix tuberis  
(Gentner) is known to be present. Measures should also 
be provided for concerning the movement of potato tubers originating in areas of the Union where the 
presence of one or more of those organisms is 
confirmed.  
(4) Surveys concerning the presence of  Epitrix cucumeris  
(Harris),  Epitrix similaris  (Gentner),  Epitrix subcrinita  (Lec.) 
and Epitrix tuberis  (Gentner) should be carried out on 
potato tubers and potato fields in all Member States 
and the results notified. Member States may also 
choose to carry out surveys on other plants.  
(5) Measures should provide for Member States to establish 
demarcated areas in cases where the presence of  Epitrix 
cucumeris  (Harris),  Epitrix similaris  (Gentner),  Epitrix 
subcrinita  (Lec.) or  Epitrix tuberis  (Gentner) is confirmed 
in order to eradicate or at least contain the organisms 
concerned and to ensure intensive monitoring for their 
presence.  
(6) Member States should, if necessary, adapt their legislation 
in order to comply with this Decision.  
(7) This Decision should be in force until 30 September 
2014 to allow time for the evaluation of its efficacy.  
(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  
Prohibitions concerning  Epitrix cucumeris  (Harris),  Epitrix 
similaris  (Gentner),  Epitrix subcrinita  (Lec.) and  Epitrix 
tuberis  (Gentner)  
Epitrix cucumeris  (Harris),  Epitrix similaris  (Gentner),  Epitrix 
subcrinita  (Lec.) and  Epitrix tuberis  (Gentner), hereinafter ‘the 
specified organisms’, shall not be introduced into or spread 
within the Union.EN L 132/18 Official Journal of the European Union 23.5.2012  
( 1 ) OJ L 169, 10.7.2000, p. 1.Article 2  
Introduction of potato tubers into the Union  
1. Tubers of  Solanum tuberosum  L., including those intended 
for planting, hereinafter ‘potato tubers’, originating (  1 ) in third 
countries where one or more of the specified organisms are 
known to be present may only be introduced into the Union 
if they comply with the specific import requirements, as set out 
in point (1) of Section 1 of Annex I.  
2. On entry into the Union potato tubers shall be inspected 
by the responsible official body in accordance with point (5) of 
Section 1 of Annex I.  
Article 3  
Movement of potato tubers within the Union  
Potato tubers originating in demarcated areas within the Union 
established in accordance with Article 5 may be moved within 
the Union only if they meet the conditions, as set out in point 
(1) of Section 2 of Annex I.  
Potato tubers introduced into the Union in accordance with 
Article 2 from third countries where one or more of the 
specified organisms are known to be present, may be moved 
within the Union only if they meet the conditions, as set out in 
point (3) of Section 2 of Annex I.  
Article 4  
Surveys and notifications of the specified organisms  
1. Member States shall conduct annual official surveys for 
the presence of the specified organisms on potato tubers and, 
where appropriate, other host plants, including fields where 
potato tubers are growing, in their territory.  
Member States shall notify the results of those surveys to the 
Commission and the other Member States by 30 April of each 
year.  
2. Any presence or suspected occurrence of a specified 
organism shall immediately be notified to the responsible 
official bodies.  Article 5  
Demarcated areas and measures to be taken in such areas  
1. Where based on the results of the surveys referred to in 
Article 4(1) or other evidence, a Member State confirms the 
presence of a specified organism in a part of its territory, that 
Member State shall without delay establish a demarcated area 
consisting of an infested zone and a buffer zone, as set out in 
Section 1 of Annex II.  
It shall take measures, as laid down in Section 2 of Annex II.  
2. Where a Member State takes measures in accordance with 
paragraph 1, it shall immediately notify the list of demarcated 
areas, information on their delimitation, including maps 
showing their location, and a description of the measures 
applied in those demarcated areas.  
Article 6  
Compliance  
Member States shall take all measures to comply with this 
Decision and, if necessary, amend the measures which they 
have adopted to protect themselves against the introduction 
and spread of the specified organisms in such a manner that 
those measures comply with this Decision. They shall 
immediately inform the Commission of those measures.  
Article 7  
Application  
This Decision shall apply until 30 September 2014.  
Article 8  
Addressees  
This Decision is addressed to the Member States.  
Done at Brussels, 16 May 2012.  
For the Commission  
John DALLI  
Member of the CommissionEN 23.5.2012 Official Journal of the European Union L 132/19  
( 1 ) Glossary of Phytosanitary Terms — Reference Standard ISPM No 5 
and Phytosanitary Certificates — Reference Standard ISPM No 12 by 
the Secretariat of the International Plant Protection Convention, 
Rome.ANNEX I  
SECTION 1  
Specific requirements for introduction into the Union  
(1) Without prejudice to the provisions listed in Directive 2000/29/EC, potato tubers originating in third countries where 
one or more of the specified organisms are known to be present shall be accompanied by a phytosanitary certificate, 
as referred to in the first subparagraph of point (ii) of paragraph 1 of Article 13 of Directive 2000/29/EC (‘the 
certificate’), which includes under the heading ‘Additional declaration’ the information set out in 
points (2) and (3).  
(2) The certificate shall include either the information in point (a) or in point (b):  
(a) the potato tubers have been grown in a pest-free area established by the national plant protection organisation in 
accordance with relevant international standards for phytosanitary measures;  
(b) the potato tubers have been washed or brushed so that there is no more than 0,1 % of soil remaining, or have 
undergone an equivalent method specifically applied in order to achieve the same outcome and remove the 
specified organisms concerned and to ensure that there is no risk of spreading the specified organisms.  
(3) The certificate shall include the following:  
(a) it shall include the information that the potato tubers have been found free from the specified organisms 
concerned and from any of their symptoms and do not contain more than 0,1 % of soil in an official examination 
carried out immediately prior to export;  
(b) it shall include the information that the packaging material in which potato tubers are imported is clean.  
(4) Where the information set out in point (2)(a) is given, the name of the pest-free area shall be mentioned under the 
heading ‘Place of origin’.  
(5) Potato tubers introduced into the Union in accordance with points (1) to (4) shall be inspected at the point of entry 
or the place of destination established in accordance with Commission Directive 2004/103/EC (  1 ) to confirm that they 
meet the requirements laid down in points (1) to (4).  
SECTION 2  
Conditions for movement  
(1) Potato tubers originating in demarcated areas within the Union may be moved from such areas into non-demarcated 
areas within the Union only if they are accompanied by a plant passport prepared and issued in accordance with 
Commission Directive 92/105/EEC (  2 ) and if they meet the conditions set out in point (2).  
(2) The potato tubers shall meet the following conditions:  
(a) the potato tubers have been grown in a registered place of production in accordance with Commission Directive 
92/90/EEC (  3 ) or by a registered producer in accordance with Commission Directive 93/50/EEC (  4 ), or moved 
from a warehouse or a dispatching centre registered in accordance with Directive 93/50/EEC;  
(b) the potato tubers have been washed or brushed so that there is no more than 0,1 % of soil remaining or have 
undergone an equivalent method specifically applied in order to achieve the same outcome and remove the 
specified organisms concerned and to ensure that there is no risk of spreading the specified organisms; and  
(c) the packaging material in which potato tubers are moved is clean.  
(3) Potato tubers introduced into the Union in accordance with Section 1 from third countries where one or more of the 
specified organisms are known to be present may be moved within the Union only if they are accompanied by the 
plant passport referred to in point (1).EN L 132/20 Official Journal of the European Union 23.5.2012  
( 1 ) OJ L 313, 12.10.2004, p. 16.  
( 2 ) OJ L 4, 8.1.1993, p. 22.  
( 3 ) OJ L 344, 26.11.1992, p. 38.  
( 4 ) OJ L 205, 17.8.1993, p. 22.ANNEX II  
DEMARCATED AREAS AND MEASURES, AS PROVIDED FOR IN ARTICLE 5  
SECTION 1  
Establishment of demarcated areas  
(1) Demarcated areas shall consist of the following zones:  
(a) an infested zone which includes at least the fields where the presence of a specified organism has been confirmed 
as well as fields where infested potato tubers have been grown; and  
(b) a buffer zone with a width of at least 100 m beyond the edge of an infested zone; where part of a field is within 
that width, the entire field shall be part of the buffer zone.  
(2) In cases where several buffer zones overlap or are geographically close, a demarcated area shall be established which 
includes the area covered by the relevant demarcated areas and the areas between them.  
(3) When establishing the infested zone and the buffer zone, Member States shall, bearing in mind sound scientific 
principles, take into account the following elements: the biology of the specified organisms, the level of infestation, 
the distribution of host plants, the evidence of establishment of the specified organisms, the capacity of the specified 
organisms to spread naturally.  
(4) If the presence of a specified organism is confirmed outside the infested zone, the delimitation of the infested zone 
and buffer zone shall be reviewed and changed accordingly.  
(5) Where as regards a demarcated area, based on the surveys referred to in Article 4(1), the specified organism 
concerned has not been detected for a period of two years, the Member State concerned shall confirm that that 
organism is no longer present in that area and that the area ceases to be demarcated. It shall notify the Commission 
and the other Member States.  
SECTION 2  
Measures in demarcated areas, as provided for in the second subparagraph of Article 5(1)  
Measures taken by Member States in demarcated areas shall include at least the following:  
(1) measures for eradication or containment of the specified organisms including treatments and disinfestations as well as 
a prohibition on planting of host plants where necessary;  
(2) intensive monitoring for the presence of the specified organisms through appropriate inspections;  
(3) surveillance of the movement of potato tubers out of demarcated areas.EN 23.5.2012 Official Journal of the European Union L 132/21