COMMISSION IMPLEMENTING DECISION (EU) 2017/198 
of 2 Febr uary 2017 
as regards measures to prev ent the introduction into and the spread within the Union of 
Pseudomonas syringae pv. actinidiae Takikawa, Serizaw a, Ichikawa, Tsuyumu & Got o 
(notifi ed under document C(2017) 460) 
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 third senten ce of Article 16(3) thereof, 
Whereas: 
(1)  Commission Implementing Decision 2012/756/EU (2) provided for measures to prevent the introduction into and 
the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & 
Goto, hereinaf ter ‘the specif ied organism’, the causal agent of kiwi cank er. That Imp lementing Decision expired 
on 31 March 2016. 
(2)  Several Member States request ed that the measures of Imp lementing Decision 2012/756/EU continue to apply , 
due to the ongoing phyt osanitar y risk posed by the specifi ed organism. For this reason, the same measures, as 
the measures set out in that Imp lementing Decision, should be adopt ed concer ning the introduction into the 
Union of plants for planting of Actinidia Lindl. (hereinaf ter ‘the specifi ed plants’ ) from third countr ies, as well as 
their movement within the Union. 
(3)  Moreo ver, exper ience gained during the application of Imple menting Decision 2012/756/EU shows that, as 
equivalent altern atives to visual inspections, destr uction of all specified plants or individual testing thereof also 
constitut e appropr iate measures to prevent the spread of the specif ied organism within certain zones, and that 
those measures provide an equally efficient response in the case of an outbreak of the specifi ed organism, 
theref ore those measures should also be allowed for specified plants originating in the Union or in third 
countr ies. In addition, that exper ience also shows that a zone of a width of 100 m, inste ad of 500 m, around 
a pest free place or pest free site of production, with a degree of isolation and protect ion from the outside 
environment that effectively excl udes the specified organism, is sufficient for achi eving the objectives of this 
Decision. 
(4)  Member States should, if necessar y, adapt their legislation in order to compl y with this Decision. 
(5)  This Decision should apply until 31 Marc h 2020 to allow time to monitor the evolution of the situation. 
(6)  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 
Prohibition of harmful organism Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, 
Ichikawa, Tsuyumu & Got o 
Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto (hereinaf ter ‘the specifi ed organism’), 
shall not be introduced into or spread within the Union. 4.2.2017 L 31/29 Official Jour nal of the European Union EN     
(1)OJ L 169, 10.7.2000, p. 1. 
(2)Commission Implementing Decision 2012/756/EU of 5 December 2012 as regar ds measures to prevent the introduction into and the 
spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichika wa, Tsuyumu & Goto (OJ L 335, 7.12.2012, 
p. 49). Article 2 
Introduction of Actinidia Lindl. into the Union 
Live pollen and plants intended for planting, other than seeds, of Actinidia Lindl. (hereinaf ter ‘the specified plants’), 
originating in third countr ies may only be introduced into the Union if they compl y with the specific requirements for 
introduction, as set out in Annex I. 
Article 3 
Movement of the specif ied plants within the Union 
The specif ied plants may only be moved within the Union if they meet the requirements, as set out in Annex II. 
Article 4 
Sur veys and notif ications of the specif ied organism 
1. Member States shall conduct official annual surveys for the presence of the specif ied organism on the specifi ed 
plants. 
Member States shall notify the results of those surveys to the Commission and to the other Member States by 
31 Januar y of the year following the year of the survey. 
2. Where a professiona l operat or suspects or becomes aware that the specifi ed organism is present in plants, plant 
products or other objects which are under that operat or's control, and in an area where the presence of that organism 
was previously unkno wn, it shall immediately notify the responsible official body thereof, in order for that body to take 
the appropr iate actions. Where appropr iate, the profess ional operat or shall also immediate ly take precautionar y 
measures to prevent the establishment and spread of the specified organism. 
Article 5 
Compliance 
Member States shall immediately inform the Commission of the measures they have take n to compl y with this Decision. 
Article 6 
Application 
This Decision shall apply until 31 March 2020. 
Article 7 
Addre ssees 
This Decision is addressed to the Member States. 
Done at Brussels, 2 Febr uary 2017. 
For the Commission 
Vytenis ANDRIUKAITIS 
Member of the Commission  4.2.2017 L 31/30 Official Jour nal of the European Union EN     ANNEX I 
Specif ic requirements for introduction into the union, as refer red to in Article 2 
SECTION I 
Phyt osanit ary certificate  
(1) Specifi ed plants originating in third countr ies shall be accompanied by a phyt osanitar y certificate, as refer red to in 
the first subparagraph of Article 13(1)(ii) of Directive 2000/29/EC (hereinaf ter ‘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 specifi ed plants have been grown throughout their life in a countr y where the specified orga nism is known 
not to occur; 
(b)  The specifi ed plants have been grown throughout their life in a pest free area, established as regards the specified 
organism by the National Plant Prote ction Org anisation (hereinaf ter ‘the NPPO’) of the countr y of origin in 
accordance with the FAO Internatio nal Standard for Phyt osanitar y Measures (hereinaf ter ‘ISPM’) No 4 (1); 
(c)  The specifi ed plants have been produced in a pest free place or a pest free site of production, established as 
regar ds 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 prot ection from the outside environment that 
effectively excl udes the specifi ed organism. At that place or site the specif ied plants have been officiall y inspect ed 
twice at the most appropr iate times for detecting symp toms of infection during the last complet e cycle of 
vegetation prior to the expor t and found free from the specified organism. 
That place or site of production is surrounded by a zone with a radius of at least 100 m, where one of the 
following conditions has been fulfilled: 
(i)  official inspections have been carried out twice at the most appropr iate times for detecting symp toms of 
infection during the last compl ete cycle of vege tation prior to the expor t and any specified plants showing 
symp toms of infec tion, whic h were found during those inspections were immediately destro yed; 
(ii)  all specifi ed plants have been immediately destro yed; 
(iii)  each specified plant has been regularly tested at the most appropr iate times and found free from the 
specifi ed organism; 
(d)  The specifi ed 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. At that place the specifi ed plants have been 
officially inspect ed, sam pled and tested twice at the most appropr iate times during the last compl ete cycle of 
vegetation prior to the expor t and found free from the specified organism. 
That place of production is surrounded by a zone with a radius of 4 500 m, where one of the following 
conditions has been fulfilled: 
(i)  official inspections, sampli ng and testing have been carried out throughout that zone twice at the most 
appropr iate times during the last complet e cycle of vege tation prior to the expor t. The specif ied organism 
has not been found during the official inspections, sampli ng and testing; 
(ii)  all specifi ed plants within a radius of 500 m from that place of production have been immediate ly 
destro yed; 
(iii)  each specified plant within a radius of 500 m from that place of production has been regularly tested at the 
most appropr iate times and found free from the specifi ed organism. 4.2.2017 L 31/31 Official Jour nal of the European Union EN     
(1)Requirements for the establishment of pest free areas. ISPM No 4 (1995), Rome, IPPC, FAO 2016. 
(2)Requirements for the establishment of pest free places of production and pest free production sites. ISPM No 10 (1999), Rome, IPPC, 
FAO 2016. In the case of points (ii) and (iii), all specifi ed plants within that zone at a distance of 500 m to 4 500 m from 
the place of production have been destro yed or tested according to a sampli ng scheme able to conf irm with 
99 % reliability that the level of presence of the specified organism in the specified plants is belo w 0,1 %.  
(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 satisfi ed: 
(a)  The specified plants have been directly derived from mother plants grown under conditions compliant with 
points (2)(a) or (2)(b) or 2(c); 
(b)  The specifi ed plants have been directly derived from mother plants, whic h were subject to prior individual 
testing conf irming their freedom from the specified organism; 
(c)  The specifi ed plants have been tested according to a sampling scheme able to conf irm with 99 % reliability that 
the level of presence of the specified organism in the specified plants is belo w 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. 
SECTION II 
Inspection 
Specified plants introduced into the Union accompanied by a phytosanitar y certificate complying with Section I shall be 
rigorously inspected and, where appropr iate, tested for the presence of the specifi ed organism at the point of entr y or at 
the place of destination established in accordance with Commission Directive 2004/103/EC (1). 
In case the specifi ed 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 entr y shall notify the responsible official 
body of the Member State of destination.  4.2.2017 L 31/32 Official Jour nal of the European Union EN     
(1)Commission Directive 2004/103/EC of 7 October 2004 on identity and plant health chec ks 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 entr y into the 
Community or at a place close by and specifying the conditions relate d to these chec ks (OJ L 313, 12.10.2004, p. 16). ANNEX II 
Requirements for movement within the Union, as referred to in Article 3  
(1) Specifi ed plants originating in the Union may be moved within the Union only if they are accompan ied by a plant 
passpor t 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 specifi ed plants shall satisfy one of the following points: 
(a)  The specified plants have been grown throughout their life in a Member State where the specif ied organism is 
not kno wn to occur; 
(b)  The specified plants have been grown throughout their life in a prot ected zone recognised as regards the 
specified organism in accordance with Article 2(1)(h) of Directive 2000/29/EC; 
(c)  The specifi ed plants have been grown throughout their life in a pest free area, established as regards the specified 
organism by the responsible offici al body of a Member State in accordance with the FAO ISPM No 4 (2); 
(d)  The specifi ed plants have been produced in a pest free place or a pest free site of production, established as 
regar ds 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 
prot ection from the outside environment that effectively excl udes the specifi ed orga nism. At that place or site 
the specif ied plants have been officially inspect ed twice at the most appropr iate times for detec ting symp toms of 
infection during the last compl ete cycle of vege tation prior to the movement and found free from the specifi ed 
organism. 
That place or site of production is surrounded by a zone with a radius of at least 100 m, where one of the 
following conditions has been fulfilled: 
(i)  official inspections have been carried out twice at the most appropr iate times for detecting symp toms of 
infection during the last complet e cycle of vege tation prior to the movement and any specified plants 
showing symp toms of infection, which were found during those inspections were immediate ly destro yed; 
(ii)  all specifi ed plants have been immediately destro yed; 
(iii)  each specified plant has been regularly tested at the most appropr iate times and found free from the 
specifi ed organism. 
(e)  The specifi ed 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. At that place the specifi ed plants have been officially inspect ed, sampled and tested twice at the most 
appropr iate times during the last compl ete cycle of vegetation prior to the movement and found free from the 
specified organism. 
That place of production is surrounded by a zone with a radius of 500 m, hereinaf ter the ‘surrounding zone’, 
where one of the following conditions has been fulfilled: 
(i)  official inspections, sampli ng and testing have been carried out throughout the surrounding zone twice at 
the most appropr iate times during the last compl ete cycle of vegetation prior to the movement. The 
specifi ed organism has not been found during the official inspections, sampling and testing; 
(ii)  all specifi ed plants within the surrounding zone have been immediately destro yed; 
(iii)  each specified plant within the surrounding zone has been regularly tested at the most appropr iate times 
and found free from the specified organism. 4.2.2017 L 31/33 Official Jour nal of the European Union EN     
(1)Commission Directive 92/105/EEC of 3 December 1992 establishing a degree of standardization for plant passpor ts to be used for the 
movement of certain plants, plant products or other objects within the Community , and establishing the detailed procedures related to 
the issuing of such plant passpor ts and the conditions and detailed procedures for their replacement (OJ L 4, 8.1.1993, p. 22). 
(2)Requirements for the establishment of pest free areas. ISPM No 4 (1995), Rome, IPPC, FAO 2016. 
(3)Requirements for the establishment of pest free places of production and pest free production sites. ISPM No 10 (1999), Rome, IPPC, 
FAO 2016. The surrounding zone is encircled by a zone with a width of 4 km, where one of the following conditions has 
been fulfilled: 
(i)  following offici al inspections, samp ling and testing that have been carried out throughout that zone twice at 
the most appropr iate times for detecting symp toms of infec tion during the last complet e cycle of vege tation 
prior to the movement, eradication measures were taken in all cases when the specified organism has been 
identif ied on the specifi ed plants. These measures consist ed in the immediate destr uction of the infect ed 
specifi ed plants; 
(ii)  all specifi ed plants within that zone have been destro yed; 
(iii)  all specifi ed plants within that zone have been tested according to a sampling scheme able to confir m with 
99 % reliability that the level of presence of the specified organism in the specified plants is belo w 0,1 %.  
(3) Where the requirements set out in points (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 
points (2)(a) or (2)(b) or (2)(c) or 2(d); 
(b)  The specifi ed plants have been directly derived from mother plants, whic h were subject to prior individual 
testing conf irming their freedom from the specified organism; 
(c)  The specifi ed plants have been tested according to a sampling scheme able to conf irm with 99 % reliability that 
the level of presence of the specified organism in the specified plants is belo w 0,1 %.  
(4) The specified plants introduced into the Union in accordance with Annex I from third countr ies may be moved 
within the Union only if they are accompan ied by the plant passpor t refer red to in point (1).  4.2.2017 L 31/34 Official Jour nal of the European Union EN