(3)

Article 4 is amended as follows: (a) Paragraph 1 is replaced by the following: ‘1. Where the presence of the specified organism is identified, the Member State concerned shall without delay demarcate an area in accordance with paragraph 2, hereinafter ‘demarcated area’. By way of derogation from the first subparagraph, where the presence of one particular subspecies of the specified organism is confirmed, the Member State concerned may demarcate an area with regard to that subspecies only. Where the presence of more than one subspecies of the specified organism is identified, the Member State concerned shall demarcate that area with regard to the specified organism and all of its possible subspecies. Where the identification of the presence of a subspecies is pending, the Member State concerned shall demarcate that area with regard to the specified organism and all of its possible subspecies. The identification of the presence of the subspecies shall be based on the results of tests referred to in Article 3(2).’ (b) In paragraph 2, the fourth subparagraph is replaced by the following: ‘The buffer zone shall be of a width of at least 5 km surrounding the infected zone. The buffer zone may be reduced to a width of no less than 1 km if there is a high degree of confidence that the initial presence of the specified organism did not result in any spread, and if all of the following conditions have been fulfilled: (a) all host plants, irrespective of their health status, have been immediately removed within a radius of 100 m around the plant found infected; (b) no other plants have been found infected by the specified organism in the infected zone since the eradication measures have been taken, on the basis of official tests carried out at least once during the course of the year, taking into account the technical guidelines for the survey of Xylella fastidiosa provided on the Commission website. Those tests shall be based on a sampling scheme able to identify with 99 % reliability a level of presence of infected plants of 1 % or above, and targeting symptomatic plants, as well as asymptomatic plants in the proximity of the symptomatic ones; (c) a delimiting survey has been carried out in a zone with a width of at least 5 km surrounding the infected zone, concluding that the specified organism has not been found present in that zone. That survey shall be based on a grid split into 100 m × 100 m squares within a zone of a width of at least 1 km surrounding the infected zone, and a grid split into 1 km × 1 km squares within the rest of the buffer zone. In each of those squares, the Member State concerned shall carry out visual inspections of the specified plants and sample and test symptomatic plants, as well as asymptomatic plants in the proximity of the symptomatic ones; (d) no vectors carrying the specified organism have been detected in the infected zone since the eradication measures have been taken, on the basis of tests carried out twice during the flight season of the vector, and in accordance with international standards. Those tests shall lead to the conclusion that natural spread of the specified organism is excluded. When reducing the width of the buffer zone, the Member State concerned shall immediately notify the Commission and the other Member States of the justification for that reduction. In the case of an infected zone for the purpose of containment measures as referred to in Article 7(1), the buffer zone shall be of a width of at least 10 km.’ (c) Paragraphs 4 and 5 are replaced by the following: ‘4. Member States shall keep and update a list of the demarcated areas established in their respective territories and shall publish that list and any updates. They shall notify the Commission of their list and any updates in accordance with Commission Implementing Decision 2014/917/EU (*2). On the basis of those notifications, the Commission shall update and publish its list of demarcated areas. 5. Where based on the surveys referred to in Article 3 and on the monitoring referred to in Article 6(7) the specified organism is not detected in a demarcated area for a period of 5 years, this demarcation may be lifted. In such cases, the Member State concerned shall notify the Commission and other Member States. By way of derogation from the first subparagraph, where the Member State concerned has reduced the buffer zone to a width of no less than 1 km pursuant to the fourth subparagraph of paragraph 2, that Member State may lift that demarcated area after 12 months since its initial establishment, if both of the following conditions are fulfilled: (a) as result of the measures taken pursuant to the fourth subparagraph of paragraph 2, it is concluded with a high degree of confidence that the initial presence of the specified organism was an isolated case and no further spread occurred in the respective demarcated area; (b) as practically close to the time of lifting, official tests have been carried out within the demarcated area, taking into account the technical guidelines for the survey of Xylella fastidiosa provided on the Commission website, using a sampling scheme able to identify with 99 % reliability a level of presence of infected plants of 1 % in accordance with international standards, and targeting symptomatic plants, as well as asymptomatic plants in the proximity of the symptomatic ones. Where a demarcated area is lifted pursuant to the second subparagraph, the specified plants located in the previously established demarcated area shall be subject to intensive surveys during the following two years. That survey shall be carried out using a sampling scheme able to identify with 99 % reliability a level of presence of infected plants of 1 % or above in accordance with international standards and based on scientific and technical principles related to the potential spreading of the specified organism in the immediate surroundings, and targeting symptomatic plants, as well as asymptomatic plants in the proximity of the symptomatic ones. When lifting the demarcated area after 12 months since its initial establishment, the Member State concerned shall immediately notify the Commission and the other Member States of the justification for that lifting. (*2) Commission Implementing Decision 2014/917/EU of 15 December 2014 setting out detailed rules for the implementation of Council Directive 2000/29/EC as regards the notification of the presence of harmful organisms and of measures taken or intended to be taken by the Member States (OJ L 360, 17.12.2014, p. 59).’" (d) In paragraph 6, point (a) is replaced by the following: ‘(a) there is evidence that the specified organism was recently introduced into the area with the plants on which it was found, or that the specified organism has been found in a site with physical protection from the vectors of that organism;’