2003/766/EC: Commission Decision of 24 October 2003 on emergency measures to prevent the spread within the Community of Diabrotica virgifera Le Conte (notified under document number C(2003) 3880)
Date: 2003-10-24
Institutions: European Commission
Subjects: destruction of crops, disclosure of information, fight against insects, insect, maize, plant disease, plant health control, veterinary inspection

25.10.2003

EN

Official Journal of the European Union

L 275/49

COMMISSION DECISION

of 24 October 2003

on emergency measures to prevent the spread within the Community of Diabrotica virgifera Le
Conte

(notified under document number C(2003) 3880)

(2003/766/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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
their spread within the Community (1), as last
and against
amended by Commission Directive 2003/47/EC (2), and in
particular Article 16(3), third sentence thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

France and Austria informed the other Member States
and the Commission in 2002 of outbreaks of Diabrotica
‘the
(hereinafter
virgifera Le Conte
organism’) for the first time in their respective territories
and of the measures taken to control them.

referred to as

In 2002, monitoring was conducted in areas in Italy
already infested by the organism, in particular in areas
of maize monoculture and at potential
introduction
places of the organism such as airports and customs
stations. It appears that eradication measures taken in
the Veneto region proved to be effective to contain the
organism and population levels of the organism have
decreased; in Lombardia and Piemonte many adults of
the organism were captured in different provinces, whilst
an outbreak was detected for the first time in the Friuli-
Venezia Giulia region.

A recent Community research study on the establish-
ment potential of the organism within the Community
has demonstrated that the main factors of establishment,
like trophic and climate conditions, are present in the
Community.

Moreover, from that study, it became apparent that the
organism and its damaging effects could be of significant
plant health concern to the Community maize produc-
tion, because of
the potential of economic loss, the
potential for increased reliance on insecticides and the
challenge to find an alternative crop to maize in the
rotation circle.

Directive 2000/29/EC prohibits the introduction into
and the spread within the Community of the organism
only. However no Community measures are available
when new outbreaks are recorded by Member States in
free areas or when the organism is detected in an early
stage of development of the population. Consequently

(1) OJ L 169, 10.7.2000, p. 1.
(2) OJ L 138, 5.6.2003, p. 47.

such measures should be defined, with the aim of eradi-
cation of the organism within a reasonable period of
time.

Those measures should include general surveying for the
presence of the organism in the Member States.

The measures should apply to control the spread within
the Community of the organism, the delimitation of
demarcated zones, the movement of host plants, soil and
machinery, as well as to crop rotation in demarcated
zones.

It is appropriate that the results of such measures be
continuously assessed, and possible subsequent measures
be considered in the light of the results of that assess-
ment.

The measures provided for in this Decision are in accor-
dance with the opinion of the Standing Committee on
Plant Health,

(6)

(7)

(8)

(9)

HAS ADOPTED THIS DECISION:

Article 1

Member States shall ensure that the suspected occurrence or
confirmed presence of Diabrotica virgifera le Conte, hereinafter
referred as ‘the organism’ is reported to their own responsible
official bodies within the meaning of Directive 2000/29/EC.

Article 2

1. Member States shall each year conduct official surveys for
the presence of the organism in areas in their territory, where
maize is grown.

2. Without prejudice to Article 16(1) of Directive 2000/29/
EC, the results of the surveys provided for in paragraph 1 shall
be notified to the Commission and to the other Member States
by 31 December of each year.

Article 3

1. When the results of the surveys referred to in Article 2,
confirm the presence of the organism in an area which was
previously known to be free from the organism, Member States
shall define demarcated zones which consist of the following
parts:

L 275/50

EN

Official Journal of the European Union

25.10.2003

(a) a focus zone around a field where the organism has been

captured, of at least 1 km radius, and

(b) a safety zone around the focus zone of at least 5 km radius.

In addition Member States may also define a buffer zone
around the focus and safety zone.

2.
The exact delimitation of the area of the zones referred to
in paragraph 1 shall be based on sound scientific principles,
the biology of the organism, the level of infestation, and the
particular production system of the host plant of the organism
in the Member State concerned.

3.
If the presence of the organism is confirmed in another
point than the original point of capture of the organism situ-
ated in the focus zone, the delimitation of the demarcated
zones shall be changed accordingly.

4.
If no captures of the organism are detected two years
after the last year of capture, the demarcated zones shall cease
to exist and no further eradication measures referred to in
Article 4 shall be necessary.

5.
The Member States shall inform the other Member States
and the Commission of the areas of the zones referred to in
paragraph 1 by providing suitable scale maps.

Article 4

In each of the parts of the demarcated zones, Member
1.
States shall monitor the presence of the organism using appro-
priate sex pheromone traps which have to be arranged like a
grid and checked regularly. The type and number of traps to be
used as well as the method of trapping shall take into account
the local circumstances, and the characteristics of the demar-
cated zones.

In addition to the provisions of paragraph 1, Member

2.
States shall ensure that in the focus zone:

(a) there is no movement of fresh plants of Zea mais L., or
fresh parts thereof out of this zone between dates in the
year of occurrence of the harmful organism, set on the
basis of the biology of the organism, the level of captures
of the organism, and the climatic conditions prevailing in
the relevant Member State, to ensure that there is no spread
of the organism;

(b) there is no movement of soil of maize fields from inside

the focus zone to outside the focus zone;

(c) maize is not harvested between dates in the year of occur-
rence of the organism, set on the basis of the biology of
the organism, the level of captures of the organism, and the
climatic conditions prevailing in the relevant Member State,
to ensure that there is no spread of the organism;

(d) in the maize fields a crop rotation takes place whereby
during any period of three consecutive years maize is only
grown once, or maize is not cultivated for two years after
the last year of capture in the entire focus zone;

(e) an appropriate treatment on maize fields until the end of
the oviposition period is carried out against the organism
in the year of its occurrence and the year thereafter;

(f) agricultural machinery used on maize fields is cleaned of all

soil and debris before leaving the zone;

(g) volunteer maize plants are removed in non-maize fields.

In addition to the provisions of paragraph 1, Member

3.
States shall ensure that in the safety zone at least:

(a) a crop rotation takes place whereby during any period of

two consecutive years maize is only grown once; or

(b) an appropriate treatment on maize fields is carried out
against the organism in the year of its occurrence and the
year thereafter.

4.
In addition to the provisions of paragraph 1, Member
States may lay down that in the buffer zone a crop rotation
takes place whereby, during any period of two consecutive
years, maize is only grown once.

Article 5

Member States shall provide the Commission and the other
Member States by 31 December of each year with the informa-
tion on:

— the areas of the zones referred to in Article 3(5),

— the dates set and the justification thereof referred to in

Article 4(2)(a) and (c),

— the treatment carried out referred to in Article 4(2)(e) and

Article 4(3)(b).

Article 6

Member States shall adapt by 1 December 2003 at the latest,
the measures they have adopted with a view to prevent the
spread of the organism in such a manner that the measures
forthwith inform the
comply with this Decision and shall
Commission of the adapted measures.

Article 7

The Commission shall review the operation of this Decision by
28 February 2005, and by 28 February of each subsequent
year.

This Decision is addressed to the Member States.

Article 8

Done at Brussels, 24 October 2003.

For the Commission

David BYRNE

Member of the Commission