Source: EURLEX
Language: en
Format: md

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| European flag | Official Journal  of the European Union | EN  L series |

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|  | 2024/2507 | 27.9.2024 |

COMMISSION IMPLEMENTING REGULATION (EU) 2024/2507

of 26 September 2024

amending and correcting Implementing Regulation (EU) 2020/1201 as regards measures to prevent the introduction into and spread within the Union of Xylella fastidiosa (Wells et al.) and amending Implementing Regulation (EU) 2020/1770 as regards the list of plant species not exempted from the traceability code requirement for plant passports

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC [(1)](#ntr1-L_202402507EN.000101-E0001), and in particular Article 28(1), points (a), (d), (e), (f), (h), Article 28(2) and Article 83(3) thereof,

Whereas:

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| (1) | Commission Implementing Regulation (EU) 2020/1201 [(2)](#ntr2-L_202402507EN.000101-E0002) provides for measures to prevent the introduction into and the further spread within the Union territory of Xylella fastidiosa (Wells et al.) (‘the specified pest’). |

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| (2) | Based on the experience gained with the application of Implementing Regulation (EU) 2020/1201 since August 2020, it is appropriate to revise some of its provisions. |

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| (3) | There is lack of clarity concerning the identity of the relevant vectors for the specified pest. Therefore, and in accordance with the knowledge gained from the presence of the specified pest, the relevant vectors should be defined as Cicadomorpha insects known to transmit the specified pest to plants, or any other insect suspected of transmitting the specified pest to plants. |

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| (4) | The specified pest has been detected in plants showing symptoms of infection which are not listed as host plants. Therefore, the scope of the annual surveys pursuant to Article 2 of Implementing Regulation (EU) 2020/1201 in case of suspicion of infection should cover other plant species in addition to host plants. Moreover, in order to ensure an early detection of the specified pest, the scope of the surveys should include the possibility to survey the presence of the specified pest in vectors. |

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| (5) | Moreover, in areas where the pest is not known to be present, it is sometimes burdensome for Member States or third countries to carry out surveys for detecting with at least 80 % of confidence, a level of presence of 1 % of infected plants. Therefore, it is not necessary to specify in Article 2(4), Article 28, point (a), and Article 29, point (a), the confidence level and the design prevalence. Instead, Member States and third countries should have the possibility to decide the confidence level and design prevalence of the surveys carried out in their territories, following the European Food Safety Authority’s (‘the Authority’) Guidelines for statistically sound and risk-based surveys of Xylella fastidiosa [(3)](#ntr3-L_202402507EN.000101-E0003). |

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| (6) | In order to ensure an appropriate level of phytosanitary protection, it is also necessary to clarify in Article 2 that, when the specified pest is detected in a vector, surveys should be intensified around the finding of the infected vector, in order to detect the plants infected with the specified pest. |

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| (7) | It should be specified that in the case where, due to the ecoclimatic conditions, the specified pest cannot become established in open air, the surveys referred to in Article 2 of Implementing Regulation (EU) 2020/1201 instead of open air are to be carried out only in the relevant locations where the presence of host plants may pose a risk for spread of the specified pest to the Union territory. |

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| (8) | Moreover, in light of the respective phytosanitary risk, it is necessary to clarify in Article 4(1), first subparagraph, of Implementing Regulation (EU) 2020/1201, that a demarcated area should only be established when the presence of the specified pest is officially confirmed in plants. |

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| (9) | Notwithstanding the need to carry out surveys when applying the derogation to not establish a demarcated area in accordance with Article 5(3) of Implementing Regulation (EU) 2020/1201, it is reasonable to reduce to 1 year the obligation to carry out annual surveys under Article 5(4) of that Regulation. However, in order to ensure the credibility of those surveys, it is necessary to indicate that they have to consist in the collection of samples for testing using the molecular tests listed in that Regulation, by indicating the minimum confidence level and design prevalence of such surveys. |

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| (10) | Article 7(1), point (e), of Implementing Regulation (EU) 2020/1201 has caused some confusion during its application. For the sake of clarity, it should be stipulated that the plants that have tested negative for the presence of the specified pests do not have to be removed. |

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| (11) | The scope of the derogation from Article 7(1), points (b), (c) and (d), provided for in Article 7(3) should be extended to cover old or other trees with a particular social, cultural or environmental value, in order to meet the societal demands for the protection of those trees. |

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| (12) | In order to allow for optimal use of the resources, when applying the eradication measures, it is appropriate to allow Member States to not take immediately samples and carry out tests on those specified plants that have not been found infected in that demarcated area in the last 2 years. However, and in order to ensure the appropriate level of phytosanitary protection, it is necessary to include those plants in the scope of the surveys to be carried out annually in the demarcated areas described in Article 10 of Implementing Regulation (EU) 2020/1201. |

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| (13) | It is necessary to specify in Articles 8 and 14 of Implementing Regulation (EU) 2020/1201 that the appropriate phytosanitary treatments prior to and during the removal of the plants should be applied in particular during the flight season of the vectors. Moreover, a clear distinction should be made between agricultural areas and other areas in Article 8, because since the adoption of Implementing Regulation (EU) 2020/1201 outbreaks of the specified pest have been detected in areas other than agricultural areas. |

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| (14) | Articles 9 and 16 of Implementing Regulation (EU) 2020/1201 provide the possibility not to destroy the wood of the removed plants when that wood has been subjected to appropriate phytosanitary treatments. However, experience has shown that it is necessary to further clarify that competent authorities should ensure that that wood is to be free from leaves and branches, in order to prevent any risk of spread of the specified pest. |

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| (15) | Following the surveys carried out pursuant to Article 10 of Implementing Regulation (EU) 2020/1201, Portugal has confirmed that eradication of the specified pest in several parishes in the municipalities of Espinho, Gondomar, Maia, Matosinhos, Porto, Santa Maria da Feira and Vila Nova de Gaia in the Region of Porto is no longer possible. |

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| (16) | Therefore, those parishes should be added to the respective list of infected zones under containment, as set out in Annex III to Implementing Regulation (EU) 2020/1201. |

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| (17) | It is appropriate to reduce from 5 to 2 km the area where annual surveys have to be carried out in the infected zone adjacent to the buffer zone, in the case of infected zones subject to containment. This reduction of the area will allow to better focus the available resources on the prevention of the spread of the specified pest. |

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| (18) | In the infected zones subject to containment, but outside the area referred to in Article 15(2), point (a), of Implementing Regulation (EU) 2020/1201, it is appropriate to allow the planting and the grafting of plants that belong to the same species of plants which have been tested and found free from the specified pest on the basis of surveys carried out in the infected zone at least in the past 2 years. |

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| (19) | In accordance with Article 19, point (a), of Implementing Regulation (EU) 2020/1201, the movement of specified plants is allowed when they have been grown during their entire production cycle in an authorised site or have been present in such a site at least during the last 3 years. This period should be reduced from 3 years to 1 year, bearing in mind the existing relevant measures guaranteeing that the plants are free from the specified pest. |

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| (20) | Article 23 of Implementing Regulation (EU) 2020/1201 sets out the rules for the movement of plants which have been grown during part of their lives in a demarcated area. It is necessary to clarify that, as regards infected zones, the plants need also to fulfil the requirements of Article 18, in order to be consistent with specific rules set out in that Article for planting of specified plants in those zones. |

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| (21) | It is appropriate to remove from Article 24(1), point (b), of Implementing Regulation (EU) 2020/1201, the requirement of authorisation of the site as physically protected, because it is already covered by the introductory part of that Article. Moreover, and in order to ensure the highest possible level of phytosanitary protection, it should be specified in point (c) of that Article, that from the two inspections, at least the last one should involve sampling and testing. |

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| (22) | Lavandula angustifolia Mill., Lavandula x intermedia Emeric ex Loisel., Lavandula latifolia Medik., Lavandula stoechas L. and Salvia rosmarinus Spenn. have proven to be recurrently infected by the specified pest and provide an easy pathway for the spread of the pest within the Union territory. They should therefore be included in the list in Article 25(2), Article 28, point (d), and Article 29, point (e), of Implementing Regulation (EU) 2020/1201, as there are specific requirements for the plants posing the highest risk concerning the spread of the specified pest. |

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| (23) | In order for the professional operators, competent authorities and any users to obtain more clarity on the respective plant passports concerning the specified pest, the plant passports of plants moved within the buffer zones or from a buffer zone to an infected zone should have the indication ‘Buffer zone – XYLEFA’. |

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| (24) | Third countries encounter difficulties in introducing long texts or codes in the phytosanitary certificate under the rubric ‘place of origin’ as required by Article 29, point (c), Article 30(1), point (c)(ii), Article 30(2), point (d)(ii). In order to simplify the instructions for completing the information in the phytosanitary certificates, it is appropriate to remove the indication about the place where those details need to be submitted in the phytosanitary certificate. |

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| (25) | In Article 32(2) of Implementing Regulation (EU) 2020/1201, the reference to host plants does not correspond to the scope of that Article, which concerns official checks on movements of specified plants. Therefore, that Article should be corrected accordingly. |

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| (26) | In view of the objective to rationalize and reduce reporting obligations and administrative burden, the obligation for Member States, pursuant to Article 35(2) of Implementing Regulation (EU) 2020/1201, to transmit to the Commission a plan on certain measures should be removed as it has not proven to be useful for the application of that Regulation. |

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| (27) | Since the adoption of Implementing Regulation (EU) 2020/1201, the Authority has updated its database of plants for planting, other than seeds, known to be susceptible to the specified pest [(4)](#ntr4-L_202402507EN.000101-E0004). Therefore, Acer granatense Boiss., Castanea sativa Mill., Chenopodium album L., Clinopodium nepeta (L.) Kuntze, Cornus sanguinea L., Fraxinus angustifolia Vahl, Grevillea rosmarinifolia A. Cunn., Liquidambar styraciflua L., Lonicera periclymenum L., Mentha suaveolens Ehrh., Pyracantha coccinea M. Roem., Senecio inaequidens Dc. as host plants of certain subspecies of the specified pest need to be included in Annexes I and II to Implementing Regulation (EU) 2020/1201. |

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| (28) | As regards the genus Rhamnus L., it is appropriate to list the species Rhamnus alaternus L. in Annexes I and II to Implementing Regulation (EU) 2020/1201, because according to the Xylella spp. host plant update of the Authority’s database only this species has been found to be susceptible to infection by Xylella fastidiosa subspecies multiplex. |

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| (29) | Salvia apiana Jeps. should be removed from the list of specified plants susceptible to the Xylella fastidiosa subspecies multiplex set out in Annex II to Implementing Regulation (EU) 2020/1201, because it was mistakenly included as a specified plant. |

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| (30) | Since the adoption of Implementing Regulation (EU) 2020/1201, new molecular tests for determination of the subspecies of the specified pest have been developed. Those tests have been included in the Standard on diagnostics of the European and Mediterranean Plant Protection Organisation (EPPO) [(5)](#ntr5-L_202402507EN.000101-E0005) and have also been validated by the European Reference Laboratory. They should thus be added to Annex IV to Implementing Regulation (EU) 2020/1201. |

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| (31) | Commission Implementing Regulation (EU) 2020/1770 [(6)](#ntr6-L_202402507EN.000101-E0006) lists the plants for planting not exempted from the traceability code requirement for plant passports provided for in Article 83(2) of Regulation (EU) 2016/2031. That list should include the plants infected by the specified pest added to Article 25(2), Article 28, point (d), and Article 29, point (e), of Implementing Regulation (EU) 2020/1201. |

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| (32) | Implementing Regulations (EU) 2020/1201 and (EU) 2020/1770 should therefore be amended accordingly. |

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| (33) | The inclusion of plants for planting, other than seeds, of Lavandula angustifolia Mill., Lavandula x intermedia Emeric ex Loisel., Lavandula latifolia Medik., Lavandula stoechas L. and Salvia rosmarinus Spenn in the scope of Article 25(2), Article 28, point (d), and Article 29, point (e), of Implementing Regulation (EU) 2020/1201, and into the list of plants that require a traceability code pursuant to Implementing Regulation (EU) 2020/1770, should apply from 1 July 2025. This is necessary to allow the competent authorities and professional operators sufficient time to adapt to those new rules. |

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| (34) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Implementing Regulation (EU) 2020/1201

Implementing Regulation (EU) 2020/1201 is amended as follows:

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| (1) | in Article 1, the following point is added:   |  |  | | --- | --- | | ‘(d) | “vector” means Cicadomorpha insects known to transmit the specified pest to plants, or any other insect suspected of transmitting the specified pest to plants.’; | |

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| (2) | Article 2 is amended as follows:   |  |  | | --- | --- | | (a) | paragraph 1 is replaced by the following:  ‘1.   Member States shall conduct annual surveys of the host plants, and any other plant species in case of suspicion of infection, for the detection of the specified pest in their territory. Those surveys may also cover vectors.’ ; |  |  |  | | --- | --- | | (b) | in paragraph 3, the following subparagraph is added:  ‘In those Member States where the specified pest cannot become established in open air due to the ecoclimatic conditions, surveys shall be carried out only in locations, other than in open air, where host plants are grown and are likely to pose a risk for spread of the specified pest to the Union territory.’; |  |  |  | | --- | --- | | (c) | paragraph 4 is replaced by the following:  ‘4.   Those surveys shall consist in the collection of samples and testing of plants for planting, and, if applicable, of vectors. Taking into account the European Food Safety Authority’s (Authority) Guidelines for statistically sound and risk-based surveys of Xylella fastidiosa, the survey design and the sampling scheme used shall enable detecting with a sufficient level of confidence, a low level of presence of the specified pest within the Member State concerned.  4a.   Where the presence of the specified pest is confirmed in a vector, in an area where the specified pest is not known to be present, the Member State concerned shall, without delay, carry out surveys in a radius of at least 400 m around the finding of the infected vector, as well as sampling and testing of host plants and any other plant species in case of suspicion of infection.’ ; | |

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| (3) | in Article 4(1), the first subparagraph is replaced by the following:  ‘Where the presence of the specified pest is officially confirmed in plants, the Member State concerned shall without delay establish a demarcated area.’; |

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| (4) | Article 5(4) is amended as follows:   |  |  |  |  | | --- | --- | --- | --- | | (a) | point (a) is replaced by the following:   |  |  | | --- | --- | | ‘(a) | carry out, in the area where the presence of the specified pest was first confirmed, an annual survey for at least 1 year to determine whether any other plants have been infected and whether any further measures should be taken;’; | |  |  |  | | --- | --- | | (b) | the following subparagraph is added:  ‘The survey referred to in point (a) of the first subparagraph shall consist in the collection of samples for testing using one of the molecular tests listed in Annex IV. The survey design and sampling scheme shall enable the identification with at least 90 % confidence a level of presence of 1 % of infected plants;’; | |

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| (5) | Article 7 is amended as follows:   |  |  |  |  |  |  |  |  | | --- | --- | --- | --- | --- | --- | --- | --- | | (a) | paragraph 1 is amended as follows:   |  |  |  |  | | --- | --- | --- | --- | | (i) | point (e) is replaced by the following:   |  |  | | --- | --- | | ‘(e) | specified plants, other than the ones referred to in points (c) and (d), which have not been immediately subject to sampling and molecular testing.’; | |  |  |  | | --- | --- | | (ii) | the following subparagraphs are added:  ‘The specified plants referred to in the first subparagraph, point (e), which have been tested negative for the presence of the specified pest do not have to be removed.  By way of derogation from point (e), Member States may decide to not immediately sample and test those specified plants that have not been found infected by the specified pest in that demarcated area in the last 2 years, on the basis of the results of the sampling and testing carried out in line with point (e) and the surveys under Article 10. However, those plants shall be subjected to the annual surveys carried out in accordance with Article 10.’; | |  |  |  | | --- | --- | | (b) | in paragraph 3, the introductory phrase is replaced by the following:  ‘By way of derogation from points (b), (c) and (d) of paragraph 1, Member States may decide not to remove individual specified plants officially designated as plants with historic value or trees with a particular social, cultural or environmental value whose felling would have an unacceptable impact or are subject to specific national or Union rules for their protection, provided that all of the following conditions have been fulfilled:’; | |

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| (6) | Article 8 is replaced by the following:  ‘Article 8  Measures against the vectors of the specified pest  1.   In the infected zone, the Member State concerned shall apply appropriate phytosanitary treatments against all the stages of the vector population of the specified pest. In particular, it shall apply those treatments prior and during the removal of the plants referred to in Article 7(1), during the flight season of the vectors. Those practices shall include efficient chemical, biological or mechanical treatments against the vectors, taking into account the local conditions.  2.   The Member State concerned shall apply:   |  |  | | --- | --- | | (a) | in agricultural areas, in the infected zone and buffer zone, agricultural practices for the control of the vector population of the specified pest, in all its stages, at the most appropriate time of the year, regardless of the removal of the plants concerned; |  |  |  | | --- | --- | | (b) | in areas other than agricultural areas, at least in the infected zones, measures for the control of the vector population of the specified pest, in all its stages, at the most appropriate time of the year, regardless of the removal of the plants concerned.  The agricultural practices referred to in point (a) of the first subparagraph and measures referred to in point (b) of the first subparagraph shall include efficient chemical, biological or mechanical treatments against the vectors, as appropriate, taking into account the local conditions.’ | ; |

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| (7) | in Article 9, the following paragraph is added:  ‘3.   When the competent authority of the Member State concerned decides not to destroy the wood referred to in paragraph 2, it shall verify that it is free from leaves and branches.’ ; |

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| (8) | in Article 14, paragraph 1 is replaced by the following:  ‘1.   The Member State concerned shall apply appropriate phytosanitary treatments against all the stages of the vector population of the specified pest on the plants referred to in Article 13(1) prior to their removal, in particular during the flight season of the vectors, and around the plants referred to in Article 13(2). Those treatments shall include efficient chemical, biological or mechanical treatments against the vectors, taking into account the local conditions.’ ; |

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| (9) | in Article 15(2), first subparagraph, point (a) is replaced by the following:   |  |  | | --- | --- | | ‘(a) | within an area measuring at least 2 km from the border of the infected zone with the buffer zone;’; | |

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| (10) | in Article 16, the following paragraph is added:  ‘3.   When the competent authority of the Member State concerned decides not to destroy the wood referred to in paragraph 2, it shall verify that it is free from leaves and branches.’ ; |

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| (11) | Article 18 is amended as follows:   |  |  |  |  |  |  | | --- | --- | --- | --- | --- | --- | | (a) | points (b) and (c) are replaced by the following:   |  |  | | --- | --- | | ‘(b) | those specified plants are planted or grafted in the infected zones listed in Annex III, but outside the area referred to in Article 15(2), point (a), and preferably belong to varieties assessed as being resistant or tolerant to the specified pest or belong to the same species of plants which have been tested and found free from the specified pest on the basis of surveys carried out in the infected zone at least in the past 2 years; |  |  |  | | --- | --- | | (c) | those specified plants belong to the same species of plants which have been tested and found free from the specified pest on the basis of the survey activities carried out for at least the past two years in accordance with Article 10 and they are replanted in the infected zones established for the purpose of eradication;’; | |  |  |  |  |  | | --- | --- | --- | --- | | (b) | the following point is added:   |  |  | | --- | --- | | ‘(d) | specified plants other than those referred to in point (b) may be planted for scientific purposes provided that they are planted outside of the areas referred to in Article 15(2), first subparagraph, point (a).’; | | |

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| (12) | in Article 19, point (a) is replaced by the following:   |  |  | | --- | --- | | ‘(a) | the specified plants have been grown during their entire production cycle in a site that has been authorised in accordance with Article 24 or have been present in such a site for at least 1 year;’; | |

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| (13) | in Article 23, point (a) is replaced by the following:   |  |  | | --- | --- | | ‘(a) | the specified plants have been grown in a site that belongs to an operator registered in accordance with Article 65 of Regulation (EU) 2016/2031 and in the case of an infected zone, the site fulfills the requirements of Article 18;’; | |

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| (14) | in Article 24(1), points (b) and (c) are replaced by the following:   |  |  | | --- | --- | | ‘(b) | it is a site physically protected against the specified pest and its vectors; |  |  |  | | --- | --- | | (c) | it has been subjected annually to at least two inspections by the competent authority at the most appropriate time, with the last one including sampling and testing as close as possible to the time of the movement.’; | |

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| (15) | in Article 25(2), the introductory phrase is replaced by the following:  ‘By way of derogation from paragraph 1, plants for planting, other than seeds, of Coffea L., Lavandula angustifolia Mill., Lavandula dentata L., Lavandula x intermedia Emeric ex Loisel., Lavandula latifolia Medik., Lavandula stoechas L., Nerium oleander L., Olea europaea L., Polygala myrtifolia L., Prunus dulcis (Mill.) D.A.Webb and Salvia rosmarinus Spenn. may only be moved for the first time within the Union territory, where the following conditions are fulfilled:’; |

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| (16) | in Article 27, second paragraph, point (b) is replaced by the following:   |  |  | | --- | --- | | ‘(b) | in the case where they move within the buffer zone, or from the buffer zone into the infected zone, the indication “Buffer Zone – XYLEFA” shall be included next to the traceability code referred to in paragraph 1 (e) of Part A of Annex VII to Regulation (EU) 2016/2031.’; | |

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| (17) | Article 28 is amended as follows:   |  |  |  |  | | --- | --- | --- | --- | | (a) | point (a) is replaced by the following:   |  |  | | --- | --- | | ‘(a) | the national plant protection organisation of the third country concerned has communicated in writing to the Commission that the specified pest is known not to be present in the country on the basis of inspection, sampling and molecular testing by the competent authority, using a test listed in Annex IV, and in accordance with ISPM No 4[(\*1)](#ntr*1-L_202402507EN.000101-E0007) and taking into account the Authority’s Guidelines for statistically sound and risk-based surveys of Xylella fastidiosa, the survey design and sampling scheme used are able to identify with a sufficient level of confidence, a low level of presence of the specified pest; |   [(\*1)](#ntc*1-L_202402507EN.000101-E0007)  ISPM No 4 “Requirements for the establishments of pest free areas”.’;" |  |  |  |  |  | | --- | --- | --- | --- | | (b) | point (d) is replaced by the following:   |  |  | | --- | --- | | ‘(d) | plants for planting, other than seeds, of Coffea L., Lavandula angustifolia Mill., Lavandula dentata L., Lavandula x intermedia Emeric ex Loisel., Lavandula latifolia Medik., Lavandula stoechas L., Nerium oleander L., Olea europaea L., Polygala myrtifolia L., Prunus dulcis (Mill.) D.A.Webb and Salvia rosmarinus Spenn. have been grown in a site that is subject to annual inspection by the competent authority, with sampling and testing, listed in Annex IV, carried out at the appropriate times for the presence of the specified pest, using a sampling scheme able to identify with at least 80 % confidence a level of presence of infected plants of 1 %;’; | | |

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| (18) | Article 29 is amended as follows:   |  |  |  |  | | --- | --- | --- | --- | | (a) | point (a) is replaced by the following:   |  |  | | --- | --- | | ‘(a) | the host plants originate in an area which has been declared to be free from the specified pest, by the national plant protection organisation concerned in accordance with ISPM No 4 and on the basis of official surveys based on sampling and testing, using a test listed in Annex IV and taking into account the Authority’s Guidelines for statistically sound and risk-based surveys of Xylella fastidiosa, the survey design and sampling scheme used are able to identify with a sufficient level of confidence, a low level of presence of the specified pest;’; | |  |  |  |  |  | | --- | --- | --- | --- | | (b) | point (c) is replaced by the following:   |  |  | | --- | --- | | ‘(c) | the host plants are accompanied by a phytosanitary certificate stating that they have spent their entire life in the area referred to in point (a), with specific reference to the name of that area;’; | |  |  |  |  |  | | --- | --- | --- | --- | | (c) | point (e) is replaced by the following:   |  |  | | --- | --- | | ‘(e) | plants for planting, other than seeds, of Coffea L., Lavandula angustifolia Mill., Lavandula dentata L., Lavandula x intermedia Emeric ex Loisel., Lavandula latifolia Medik., Lavandula stoechas L., Nerium oleander L., Olea europaea L., Polygala myrtifolia L., Prunus dulcis (Mill.) D.A.Webb and Salvia rosmarinus Spenn. have been grown in a site that is subject to annual inspection by the competent authority, with sampling and testing, listed in Annex IV, carried out at the appropriate times on those plants for the presence of the specified pest, using a sampling scheme able to identify with at least 80 % confidence a level of presence of infected plants of 1 %;’; | | |

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| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| (19) | Article 30 is amended as follows:   |  |  |  |  | | --- | --- | --- | --- | | (a) | in paragraph 1, point (c)(ii) is replaced by the following:   |  |  | | --- | --- | | ‘(ii) | the name or code of the pest free production site(s);’; | |  |  |  |  |  | | --- | --- | --- | --- | | (b) | in paragraph 2, point (d)(ii) is replaced by the following:   |  |  | | --- | --- | | ‘(ii) | the name or code of the pest free production site(s).’; | | |

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| --- | --- |
| (20) | in Article 35, paragraphs 2 and 3 are deleted; |

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| --- | --- |
| (21) | The Annexes are amended in accordance with Annex I to this Regulation. |

Article 2

Corrections of Implementing Regulation (EU) 2020/1201

Implementing Regulation (EU) 2020/1201 is corrected as follows:

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| --- | --- | --- | --- |
| (1) | in Article 32, paragraph 2 is replaced by the following:   |  |  | | --- | --- | | ‘2. | Such checks shall be performed at least in the locations, including roads, airports and ports, where the specified plants are moved from infected zones into buffer zones or other parts of the Union territory.’; | |

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| --- | --- |
| (2) | in Annex II, in the list of ‘Specified plants susceptible to Xylella fastidiosa subspecies multiplex’, the entry ‘Salvia apiana Jeps.’ is deleted. |

Article 3

Amendments to Implementing Regulation (EU) 2020/1770

The Annex to Implementing Regulation (EU) 2020/1770 is amended in accordance with Annex II to this Regulation.

Article 4

Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 1, point 15, points 17(b) and 18(c), and Article 3 shall apply from 1 July 2025.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 September 2024.

For the Commission

The President

Ursula VON DER LEYEN

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ANNEX I

AMENDMENTS TO IMPLEMENTING REGULATION (EU) 2020/1201

The Annexes to Implementing Regulation (EU) 2020/1201 are amended as follows:

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| (1) | Annex I is amended as follows:   |  |  | | --- | --- | | (a) | the following entry is inserted between ‘Carya Nutt.’ and ‘Catharanthus roseus (L.) G.Don’:  ‘ Castanea sativa Mill.’; |  |  |  | | --- | --- | | (b) | the following entry is inserted between ‘Clematis vitalba L.’ and ‘Coelorachis cylindrica (Michx.) Nash’:  ‘ Clinopodium nepeta (L.) Kuntze’; |  |  |  | | --- | --- | | (c) | the following entry is inserted between  ‘Coprosma repens A.Rich.’ and ‘Coronilla L.’:  ‘ Cornus sanguinea L.’; |  |  |  | | --- | --- | | (d) | the following entry is inserted between ‘Grevillea juniperina Br.’ and ‘Hebe Comm. ex Juss.’:  ‘ Grevillea rosmarinifolia A. Cunn.’; |  |  |  | | --- | --- | | (e) | the following entry is inserted between ‘Lonicera japonica Thunb.’ and ‘Lupinus aridorum McFarlin ex Beckner’:  ‘ Lonicera periclymenum L.’; |  |  |  | | --- | --- | | (f) | the following entry is inserted between ‘Medicago sativa L.’ and ‘Metrosideros Banks ex Gaertn.’:  ‘ Mentha suaveolens Ehrh.’; |  |  |  | | --- | --- | | (g) | the following entry is inserted between ‘Pteridium aquilinum (L.) Kuhn’ and ‘Pyrus L.’:  ‘ Pyracantha coccinea M. Roem.’; |  |  |  | | --- | --- | | (h) | ‘Rhamnus L.’ is replaced by the following:  ‘ Rhamnus alaternus L.’; |  |  |  | | --- | --- | | (i) | the following entry is inserted between ‘Scabiosa atropurpurea var. maritima L.’ and ‘Setaria magna Griseb.’:  ‘ Senecio inaequidens DC.’; | |

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| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| (2) | Annex II is amended as follows:   |  |  |  |  |  |  |  |  |  |  | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | (a) | the list of ‘Specified plants susceptible to Xylella fastidiosa subspecies fastidiosa’ is amended as follows:   |  |  | | --- | --- | | (i) | the following entry is inserted between ‘Ficus carica L.’ and ‘Genista lucida L.’:  ‘ Fraxinus angustifolia Vahl’; |  |  |  | | --- | --- | | (ii) | the following entry is inserted between ‘Juglans regia L.’ and ‘Lupinus aridorum McFarlin ex Beckner’:  ‘ Liquidambar styraciflua L.’; |  |  |  | | --- | --- | | (iii) | the following entry is inserted between ‘Psidium L.’ and ‘Rhamnus alaternus L.’:  ‘ Quercus ilex L.’; |  |  |  | | --- | --- | | (iv) | the following entry is inserted between ‘Rhamnus alaternus L.’ and ‘Rubus rigidus Sm.’:  ‘ Rubus ideaus L.’; | |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | (b) | the list of ‘Specified plants susceptible to Xylella fastidiosa subspecies multiplex’  is amended as follows:   |  |  | | --- | --- | | (i) | the following entry is inserted between ‘Acacia Mill.’ and Acer griseum (Franch.) Pax’:  ‘ Acer granatense Boiss.’; |  |  |  | | --- | --- | | (ii) | the following entry is inserted between ‘Carya Nutt.’ and ‘Celtis occidentalis L.’:  ‘ Castanea sativa Mill.’; |  |  |  | | --- | --- | | (iii) | the following entry is inserted between ‘Cercis siliquastrum L.’ and ‘Chionanthus L.’:  ‘ Chenopodium album L.’; |  |  |  | | --- | --- | | (iv) | the following entry is inserted between ‘Clematis vitalba L.’ and ‘Convolvulus cneorum L.’:  ‘ Clinopodium nepeta (L.) Kuntze’; |  |  |  | | --- | --- | | (v) | the following entry is inserted between ‘Coprosma repens A.Rich.’ and ‘Coronilla L.’:  ‘ Cornus sanguinea L.’; |  |  |  | | --- | --- | | (vi) | the following entry is inserted between ‘Grevillea juniperina Br.’ and ‘Hebe Comm. ex Juss.’:  ‘ Grevillea rosmarinifolia A. Cunn.’; |  |  |  | | --- | --- | | (vii) | the following entry is inserted between ‘Lonicera japonica Thunb.’ and ‘Lupinus aridorum McFarlin ex Beckner’:  ‘ Lonicera periclymenum L.’; |  |  |  | | --- | --- | | (viii) | the following entry is inserted between ‘Medicago sativa L.’ and ‘Metrosideros Banks ex Gaertn.’:  ‘ Mentha suaveolens Ehrh.’; |  |  |  | | --- | --- | | (ix) | ‘Rhamnus L.’ is replaced by the following:  ‘ Rhamnus alaternus L.’; |  |  |  | | --- | --- | | (x) | the following entry is inserted between ‘Scabiosa atropurpurea var. maritima L.’ and ‘Solidago virgaurea L.’:  ‘ Senecio inaequidens DC.’; | | |

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| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| (3) | in Annex III, the following Part D is added:  ‘PART D  Infected zone in Portugal  The infected zone in Portugal includes the following area:   |  |  | | --- | --- | |  | Region of Porto |   Part of the following parishes located in the municipality of Espinho:   |  |  | | --- | --- | |  | Anta e Guetim |  |  |  | | --- | --- | |  | Espinho |  |  |  | | --- | --- | |  | Silvalde |   Parishes located in the municipality of Gondomar:   |  |  | | --- | --- | |  | Gondomar (São Cosme), Valbom e Jovim |   Part of the following parishes located in the municipality of Gondomar:   |  |  | | --- | --- | |  | Baguim do Monte (Rio Tinto) |  |  |  | | --- | --- | |  | Fânzeres e São Pedro da Cova |  |  |  | | --- | --- | |  | Foz do Sousa e Covelo |  |  |  | | --- | --- | |  | Melres e Medas |  |  |  | | --- | --- | |  | Rio Tinto |   Part of the following parishes located in the municipality of Maia:   |  |  | | --- | --- | |  | Pedrouços |   Part of the following parishes located in the municipality of Matosinhos:   |  |  | | --- | --- | |  | Custóias, Leça do Balio e Guifões |  |  |  | | --- | --- | |  | São Mamede de Infesta e Senhora da Hora |   Parishes located in the municipality of Porto:   |  |  | | --- | --- | |  | Bonfim |  |  |  | | --- | --- | |  | Campanhã |  |  |  | | --- | --- | |  | Cedofeita, Ildefonso, Sé, Miragaia, Nicolau, Vitória |  |  |  | | --- | --- | |  | Paranhos |   Part of the following parishes located in the municipality of Porto:   |  |  | | --- | --- | |  | Aldoar, Foz do Douro e Nevogilde |  |  |  | | --- | --- | |  | Lordelo do Ouro e Massarelos |  |  |  | | --- | --- | |  | Ramalde |   Parishes located in the municipality of Santa Maria da Feira:   |  |  | | --- | --- | |  | Argoncilhe |  |  |  | | --- | --- | |  | Fiães |  |  |  | | --- | --- | |  | Nogueira da Regedoura |  |  |  | | --- | --- | |  | Sanguedo |   Part of the following parishes located in the municipality of Santa Maria da Feira:   |  |  | | --- | --- | |  | Caldas de São Jorge e Pigeiros |  |  |  | | --- | --- | |  | Canedo, Vale e Vila Maior |  |  |  | | --- | --- | |  | Lobão, Gião, Louredo e Guisande |  |  |  | | --- | --- | |  | Lourosa |  |  |  | | --- | --- | |  | Mozelos |  |  |  | | --- | --- | |  | Santa Maria de Lamas |  |  |  | | --- | --- | |  | São João de Ver |  |  |  | | --- | --- | |  | São Paio de Oleiros |   Municipality of Vila Nova de Gaia:   |  |  | | --- | --- | |  | All parishes’; | |

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| --- | --- | --- | --- | --- | --- |
| (4) | in Annex IV, in Part B ‘Molecular tests for the identification of the subspecies of Xylella fastidiosa’ , the following points are added:   |  |  | | --- | --- | | ‘4. | Real time PCR based on Dupas et al. 2019, determining all subspecies[(\*1)](#ntr*1-L_202402507EN.001001-E0001); |  |  |  | | --- | --- | | 5. | Real time PCR based on Hodgetts et al. 2021, determining all subspecies[(\*2)](#ntr*2-L_202402507EN.001001-E0002). |   [(\*1)](#ntc*1-L_202402507EN.001001-E0001)  DOI: 10.3389/fpls.2019.01732."  [(\*2)](#ntc*2-L_202402507EN.001001-E0002)  DOI: 10.1111/jam.14903.’ " |

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[(\*1)](#ntc*1-L_202402507EN.001001-E0001)  DOI: 10.3389/fpls.2019.01732.

[(\*2)](#ntc*2-L_202402507EN.001001-E0002)  DOI: 10.1111/jam.14903.’
’

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ANNEX II

AMENDMENTS TO IMPLEMENTING REGULATION (EU) 2020/1770

The Annex to Implementing Regulation (EU) 2020/1770 is amended as follows:

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| --- | --- |
| (1) | the following entry is inserted between ‘Coffea’  and ‘Lavandula dentata L.’:  ‘ Lavandula angustifolia Mill.’; |

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| --- | --- |
| (2) | the following entries are inserted between ‘Lavandula dentata L.’ and ‘Nerium oleander L.’:  ‘ Lavandula x intermedia Emeric ex Loisel.  Lavandula latifolia Medik.  Lavandula stoechas L.’; |

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| (3) | the following entry is inserted between ‘Prunus dulcis (Mill.) D.A.Webb’ and ‘Solanum tuberosum L.’:  ‘ Salvia rosmarinus Spenn.’. |

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ELI: http://data.europa.eu/eli/reg\_impl/2024/2507/oj

ISSN 1977-0677 (electronic edition)

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