(1)

Commission Implementing Regulation (EU) 2020/1201 (2) 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’).

(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.

(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.

(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.

(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).

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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’.

(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.

(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.

(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.

(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). 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.

(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.

(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.

(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) and have also been validated by the European Reference Laboratory. They should thus be added to Annex IV to Implementing Regulation (EU) 2020/1201.

(31)

Commission Implementing Regulation (EU) 2020/1770 (6) 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.

(32)

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

(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.

(34)

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

(1)

in Article 1, the following point is added:

(2)

Article 2 is amended as follows:

(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.’;

(4)

Article 5(4) is amended as follows:

(5)

Article 7 is amended as follows:

(6)

Article 8 is replaced by the following:

(7)

in Article 9, the following paragraph is added:

(8)

in Article 14, paragraph 1 is replaced by the following:

(9)

in Article 15(2), first subparagraph, point (a) is replaced by the following:

(10)

in Article 16, the following paragraph is added:

(11)

Article 18 is amended as follows:

(12)

in Article 19, point (a) is replaced by the following:

(13)

in Article 23, point (a) is replaced by the following:

(14)

in Article 24(1), points (b) and (c) are replaced by the following:

(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:’;

(16)

in Article 27, second paragraph, point (b) is replaced by the following:

(17)

Article 28 is amended as follows:

(18)

Article 29 is amended as follows:

(19)

Article 30 is amended as follows:

(20)

in Article 35, paragraphs 2 and 3 are deleted;

(21)

The Annexes are amended in accordance with Annex I to this Regulation.

(1)

in Article 32, paragraph 2 is replaced by the following:

(2)

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