23.5.2012 EN Official Journal of the European Union L 132/18
COMMISSION IMPLEMENTING DECISION
of 16 May 2012
as regards emergency measures to prevent the introduction into and the spread within the Union of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner)
(notified under document C(2012) 3137)
(2012/270/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) It appears from an assessment carried out by the Commission on the basis of a pest risk analysis produced by the European and Mediterranean Plant Protection Organisation that Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner) cause harmful effects to susceptible plants. They affect, in particular, tubers of Solanum tuberosum L., including those intended for planting, hereinafter ‘potato tubers’, which are produced in the whole Union. Those organisms are listed neither in Annex I nor in Annex II to Directive 2000/29/EC.
(2) Portugal has informed the Commission that Epitrix cucumeris (Harris) and Epitrix similaris (Gentner) are present in that Member State. A notification submitted by Spain on 8 September 2010 shows the first findings of Epitrix similaris (Gentner) in one region of that Member State. The available information also shows that Epitrix cucumeris (Harris) and Epitrix tuberis (Gentner) are present in a third country that currently exports potato tubers to the Union.
(3) Measures should be provided for concerning the introduction into the Union of potato tubers from third countries where Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner) is known to be present. Measures should also be provided for concerning the movement of potato tubers originating in areas of the Union where the presence of one or more of those organisms is confirmed.
(4) Surveys concerning the presence of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner) should be carried out on potato tubers and potato fields in all Member States and the results notified. Member States may also choose to carry out surveys on other plants.
(5) Measures should provide for Member States to establish demarcated areas in cases where the presence of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner) is confirmed in order to eradicate or at least contain the organisms concerned and to ensure intensive monitoring for their presence.
(6) Member States should, if necessary, adapt their legislation in order to comply with this Decision.
(7) This Decision should be in force until 30 September 2014 to allow time for the evaluation of its efficacy.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
Prohibitions concerning Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner)
Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner), hereinafter ‘the specified organisms’, shall not be introduced into or spread within the Union.
Introduction of potato tubers into the Union
1.   Tubers of Solanum tuberosum L., including those intended for planting, hereinafter ‘potato tubers’, originating (2) in third countries where one or more of the specified organisms are known to be present may only be introduced into the Union if they comply with the specific import requirements, as set out in point (1) of Section 1 of Annex I.
2.   On entry into the Union potato tubers shall be inspected by the responsible official body in accordance with point (5) of Section 1 of Annex I.
Movement of potato tubers within the Union
Potato tubers originating in demarcated areas within the Union established in accordance with Article 5 may be moved within the Union only if they meet the conditions, as set out in point (1) of Section 2 of Annex I.
Potato tubers introduced into the Union in accordance with Article 2 from third countries where one or more of the specified organisms are known to be present, may be moved within the Union only if they meet the conditions, as set out in point (3) of Section 2 of Annex I.
Surveys and notifications of the specified organisms
1.   Member States shall conduct annual official surveys for the presence of the specified organisms on potato tubers and, where appropriate, other host plants, including fields where potato tubers are growing, in their territory.
Member States shall notify the results of those surveys to the Commission and the other Member States by 30 April of each year.
2.   Any presence or suspected occurrence of a specified organism shall immediately be notified to the responsible official bodies.
Demarcated areas and measures to be taken in such areas
1.   Where based on the results of the surveys referred to in Article 4(1) or other evidence, a Member State confirms the presence of a specified organism in a part of its territory, that Member State shall without delay establish a demarcated area consisting of an infested zone and a buffer zone, as set out in Section 1 of Annex II.
It shall take measures, as laid down in Section 2 of Annex II.
2.   Where a Member State takes measures in accordance with paragraph 1, it shall immediately notify the list of demarcated areas, information on their delimitation, including maps showing their location, and a description of the measures applied in those demarcated areas.
Compliance
Member States shall take all measures to comply with this Decision and, if necessary, amend the measures which they have adopted to protect themselves against the introduction and spread of the specified organisms in such a manner that those measures comply with this Decision. They shall immediately inform the Commission of those measures.
Application
This Decision shall apply until 30 September 2014.
Addressees
This Decision is addressed to the Member States.