2012/697/EU: Commission Implementing Decision of 8 November 2012 as regards measures to prevent the introduction into and the spread within the Union of the genus Pomacea (Perry) (notified under document C(2012) 7803)

10.11.2012 EN Official Journal of the European Union L 311/14
COMMISSION IMPLEMENTING DECISION
of 8 November 2012
as regards measures to prevent the introduction into and the spread within the Union of the genus Pomacea (Perry)
(notified under document C(2012) 7803)
(2012/697/EU)
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) Spain has informed the Commission that Pomacea insularum is present in one region of that Member State.
(2) It appears from an assessment carried out by the Commission on the basis of a pest risk analysis produced by Spain and of a scientific opinion (2) and a statement (3) of the European Food Safety Authority that the genus Pomacea (Perry) causes harmful effects on aquatic plants. Difficulty in taxonomic identification of the different species and the fact that it cannot be excluded that all species are harmful, make it necessary to regulate the genus Pomacea (Perry). That genus is neither listed in Annex I nor in Annex II to Directive 2000/29/EC.
(3) Given the risk of spreading the specified organism to fields and watercourses and the absence of less restrictive measures efficiently combating the threat posed by that organism, it is necessary to prohibit the introduction into and the spread within the Union of that genus.
(4) Measures should also be provided for concerning the introduction into and the movement within the Union of plants for planting, excluding seeds, that can only grow in water or soil that is permanently saturated with water.
(5) Surveys for the presence of the genus Pomacea (Perry) should be carried out in areas where the specific organism is likely to be found and the results notified.
(6) Member States should establish demarcated areas in cases where the genus Pomacea (Perry) is found to be present in fields and watercourses in order to eradicate the organisms concerned and to ensure intensive monitoring for their presence.
(7) Member States should, if necessary, adapt their legislation in order to comply with this Decision.
(8) This Decision should be reviewed by 28 February 2015.
(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,