# Commission Implementing Decision of 13 February 2014 as regards measures to prevent the spread within the Union of Xylella            fastidiosa (Well and Raju) (notified under document C(2014) 726) (2014/87/EU) (repealed)         

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U.K.

# Commission Implementing Decision

# of 13 February 2014

# as regards measures to prevent the spread within the Union of *Xylella fastidiosa* (Well and Raju)                     

# (notified under document C(2014) 726)

# (2014/87/EU) (repealed)

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)*Xylella fastidiosa* (Well and Raju) (hereinafter ‘the specified organism’) is listed in Section I of Part A of Annex I to Directive 2000/29/EC                              as a harmful organism not known to occur in the Union, the introduction of which into, and spread within, all Member States                              is prohibited.

(2)On 21 October 2013 Italy informed the other Member States and the Commission of the presence of the specified organism in                              its territory, in two separate areas of the province Lecce, in the region of Apulia. Subsequently two further separate outbreaks                              have been identified in the same province. The presence of the specified organism was confirmed in respect of several plants                              species, including *Olea europaea* L., *Prunus amygdalus* Batsch, *Nerium oleander* L. and *Quercus* sp. L. showing leaf scorching and rapid decline symptoms. This is the first time the presence of the specified organism in                              the territory of the Union is confirmed. For several other plants species checks concerning its presence have not yet been                              concluded. The identification of the vector of the specified organism in Apulia is pending.

(3)On 29 October 2013 the region Apulia took emergency measures for the prevention and eradication of the specified organism(2) in accordance with Article 16(1) of Directive 2000/29/EC.

(4)Italy reported that the inspections it had carried out showed no presence of the specified organism in the neighbouring provinces                              of Brindisi and Taranto.

(5)In response to a request by the Commission, the European Food Safety Authority, ‘the Authority’, adopted a statement on 25                              November 2013(3) which contains the following conclusions. The specified organism has probably a very broad range of host plants, including                              many cultivated and spontaneous plants common in Europe.

(6)The main entry pathway for the specified organism is the movement of plants for planting, excluding seeds. The pathway of                              infective vectors of the specified organism transported on plant consignments is also of concern. Fruit and wood are minor                              pathways with negligible likelihood of introduction. Seeds, cut flowers and ornamental foliage are minor pathways with low                              likelihood of introduction. The movement of infected plants for planting is the most efficient way for long-distance dispersal                              of the specified organism.

(7)In view of the nature of the specified organism, it is likely to spread rapidly and widely. In order to ensure that the specified                              organism does not spread to the rest of the Union, it is necessary to take measures immediately. Until more specific information                              becomes available concerning host range, vectors, pathways and risk reduction options, it is appropriate to prohibit movement                              out of areas possibly containing infected plants.

(8)Taking into consideration the locations of the presence of the specified organism, the particular geographical situation of                              the administrative province of Lecce and the uncertainties concerning the criteria for demarcation, that entire province should                              be the subject of that prohibition, in order to apply that prohibition rapidly and effectively.

(9)That prohibition should concern plants for planting, other than seeds, as those plants are the main pathway for the specified                              organism. However, extensive sampling and testing in the province of Lecce have found that plants for planting belonging to                              certain genera and species, and originating in infected parts of Lecce, are not infected by the specified organism. Based                              on that evidence the prohibition should not concern lots of plants for planting of those genera and species that have been                              sampled and tested concerning the presence of the specified organism. Moreover, it would be appropriate to also exempt from                              that prohibition plants for planting which have been grown in sites with complete physical protection against the introduction                              of the specified organism and which belong to genera and species subject to a certification scheme requiring them to be subject                              to official testing concerning the specified organism and found free from that organism.

(10)In view of the limited information on the possible presence of the specified organism in the rest of the Union, Member States                              should conduct annual surveys concerning the presence of that organism in their territories. In view of the broad range of                              potential host plants, those surveys should be adapted to the specificities of each area, host plant and plant products, and                              the characteristics of the potential vectors.

(11)In order to gather as much information as possible on the specified organism and its presence, Member States should ensure                              that relevant information is communicated to them.

(12)Member States should immediately inform the Commission of the measures they have taken to comply with this Decision, to ensure                              an effective overview of the implementation of this Decision.

(13)It is appropriate that the measures be reviewed by 30 April 2014, at the latest, in order to take into account more precise                              scientific and technical information that will become available, as well as the results of the ongoing inspections and tests                              carried out by the Italian authorities.

(14)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 1U.K.Movement of plants for planting

The movement, out of the province of Lecce, region of Apulia, Italy, of plants for planting shall be prohibited.

That prohibition shall not apply to:

seeds;

lots of plants for planting of the genera and species listed in Annex I that have been sampled and tested concerning the presence                              of *Xylella fastidiosa* (Well and Raju) (hereinafter: ‘the specified organism’) and have been found free from that organism;                           

plants for planting of the genera and species listed in Annex II, which have been grown in sites with complete physical protection                              against the introduction of the specified organism and which are officially certified under a certification scheme requiring                              them to be subject to official testing concerning the presence of the specified organism, and found free from that organism.                           

## Article 2U.K.Surveys

1.Member States shall conduct official annual surveys for the presence of the specified organism on plants and plant products                        in their territory. Those surveys shall be carried out, as appropriate, taking into account the biology, growing conditions                        and growing periods of the plants subject to the survey, the climatic conditions, the biology of the specified organism and                        the characteristics of the potential vectors.                  

2.The results of the surveys referred to in paragraph 1 shall be notified to the Commission and to the other Member States by                        31 October of each year and shall cover a one-year period ending on 30 September of the same year. The results of the first                        survey shall be notified by 31 October 2014 and shall cover the period from 1 February to 30 September 2014.                  

## Article 3U.K.Notification of presence

1.Member States shall ensure that where anyone becomes aware of the presence of the specified organism or has reason to suspect                        such a presence, that person shall notify the competent authority within ten calendar days.                  

2.Member States shall ensure that, if so requested by the competent authority, the person referred to in paragraph 1 shall provide                        that authority with the information, which is in the possession of that person, concerning that presence.                  

## Article 4U.K.Compliance

Member States shall immediately inform the Commission of the measures they have taken to comply with this Decision.

## Article 5U.K.Review

This Decision shall be reviewed by 30 April 2014.

## Article 6U.K.Addressees

This Decision is addressed to the Member States.

Done at Brussels, 13 February 2014.

*For the Commission*                            

Tonio Borg                            

*Member of the Commission*                            

## ANNEX IU.K.**List of genera and species referred to in point (b) of the second subparagraph of Article 1**

          -  *Abelia* R. Br.                         
          -  *Acacia dealbata* Link                         
          -  *Acca sellowiana* (O. Berg) Burret                         
          -  *Arbutus unedo* L.                         
          -  *Begonia* L.                         
          -  *Boronia crenulata* Sm.                         
          -  *Brachychiton discolor* F. Muell.                         
          -  *Buxus sempervirens* L.                         
          -  *Callistemon citrinus* (Curtis) Skeels                         
          -  *Camellia* L.                         
          -  *Ceratonia siliqua* L.                         
          -  *Cercis siliquastrum* L.                         
          -  *Chamelaucium uncinatum* Schauer                         
          -  *Cinnamomun camphora* (L.) J.Presl.                         
          -  *Citrus* L.                         
          -  *Crataegus* Tourn. ex L.                         
          -  *Cyclamen* L.                         
          -  *Diosma* L.                         
          -  *Eriobotrya japonica* (Thunb.) Lindl.                         
          -  *Euphorbia pulcherrima* Willd. ex Klotzsch                         
          -  *Ficus* L.                         
          -  *Grevillea* R.Br. ex Knight                         
          -  *Ilex aquifolium* L.                         
          -  *Jasminum* L.                         
          -  *Laurus nobilis* L.                         
          -  *Lavandula angustifolia* Mill.                         
          -  *Ligustrum vulgare* L.                         
          -  *Magnolia grandiflora* L.                         
          -  *Mandevilla sanderi* (Hemsl.) Woodson                         
          -  *Metrosideros* Banks ex Gaertn.                         
          -  *Morus alba* L.                         
          -  *Myrtus communis* L.                         
          -  *Nandina domestica* Thunb.                         
          -  *Polygala myrtifolia* L.                         
          -  *Punica granatum* L.                         
          -  *Rosa* L.                         
          -  *Salvia officinalis* L.                         
          -  *Schinus molle* L.                         
          -  *Trachelospermum jasminoides* (Lindl.) Lem.                         
          -  *Viburnum tinus* L.                         
          -  *Viola* L.                         
          -  *Vitis* L.                         
          -  *Weigela florida* (Bunge) A. DC.                         

## ANNEX IIU.K.**List of genera and species referred to in point (c) of the second subparagraph of Article 1**

          -  *Apium graveolens* L.                         
          -  *Brassica* L.                         
          -  *Capsicum annuum* L.                         
          -  *Citrullus lanatus* (Thunb.) Matsum. & Nakai                         
          -  *Cucumis melo* L.                         
          -  *Cucurbita pepo* L.                         
          -  *Foeniculum vulgare* Mill.                         
          -  *Lactuca* L.                         
          -  *Petroselinum* Hill                         
          -  *Solanum lycopersicum* L.                         
          -  *Solanum melongena* L.                         

1

OJ L 169, 10.7.2000, p. 1.                           

2

Deliberazione della Giunta Regionale, Regione Puglia, N.2023 del 29.10.2013 (Misure di emergenza per la prevenzione, il controllo                              e la eradicazione del batterio da quarantena *Xylella fastidiosa* associato al ‘Complesso del disseccamento rapido dell’olivo’).                           

3

Statement of EFSA on host plants, entry and spread pathways and risk reduction options for *Xylella fastidiosa* Wells et al. EFSA Journal 2013; 11(11):3468, 50 pp. doi:10.2903/j.efsa.2013.3468.