7.12.2012 EN Official Journal of the European Union L 335/49
COMMISSION IMPLEMENTING DECISION
of 5 December 2012
as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto
(notified under document C(2012) 8816)
(2012/756/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) Italy has informed the Commission that a new aggressive strain of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto, hereinafter ‘the specified organism’, the causal agent of kiwi canker, is present in its territory and that it has adopted official measures to prevent the further introduction and spread within its territory of the specified organism. The available information also shows that the new aggressive strain of the specified organism is present in a third country that exports the propagating material of kiwi plants, including pollen, to the Union.
(2) The specified organism is neither listed in Annex I nor in Annex II to Directive 2000/29/EC. It appears from a preliminary pest risk analysis carried out by the Commission on the basis of an assessment prepared by the European and Mediterranean Plant Protection Organization (EPPO) that the specified organism causes harmful effects to plants of Actinidia Lindl.
(3) Due to the complexity of the taxonomic identification of the new aggressive strain of the specified organism, it is appropriate to provide for measures applying to the specified organism as such, without restricting measures to the strain concerned.
(4) Measures should be provided for concerning the introduction into the Union of plants for planting of Actinidia Lindl. from third countries. Measures should also be provided for concerning the movement within the Union of these plants originating in the Union.
(5) Surveys for the presence of the specified organism should be carried out in all Member States and the results notified.
(6) Member States should, if necessary, adapt their legislation in order to comply with this Decision.
(7) This Decision should apply until 31 March 2016 to allow time to monitor the evaluation of the situation.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
Emergency measures against Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto
Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto, hereinafter ‘the specified organism’, shall not be introduced into or spread within the Union.
Introduction of live pollen and plants intended for planting, other than seeds, of Actinidia Lindl. into the Union
Live pollen and plants intended for planting, other than seeds, of Actinidia Lindl., hereinafter ‘the specified plants’, originating in third countries may only be introduced into the Union if they comply with the specific requirements for introduction, as set out in Annex I.
Movement of the specified plants within the Union
The specified plants may only be moved within the Union if they meet the specific requirements, as set out in Annex II.
Surveys and notifications of the specified organism
1.   Member States shall conduct official annual surveys for the presence of the specified organism on the specified plants.
Member States shall notify the results of those surveys to the Commission and to the other Member States by 31 January of the year following the year of the survey.
2.   Each Member State shall immediately notify in writing the Commission and the other Member States of the presence of the specified organism in a part of its territory where that presence was previously unknown.
3.   If the specified organism is found or suspected to be present in an area where its presence was previously unknown, the responsible official bodies shall immediately be notified.
Compliance
Member States shall immediately inform the Commission of the measures they have taken to comply with this Decision.
Application
This Decision shall apply until 31 March 2016.
Addressees
This Decision is addressed to the Member States.