(1)

Commission Implementing Regulation (EU) 2022/2095 (2) establishes measures to prevent the introduction into, establishment and spread within the Union territory of Anoplophora chinensis (Forster) (‘the specified pest’).

(2)

Since 2022, the specified pest became established in certain areas of Italy, where its eradication is no longer possible. For this reason, those areas should be listed as demarcated areas for containment of the specified pest, where specific measures should be applied for that purpose.

(3)

For legal certainty, it is appropriate to remove from Implementing Regulation (EU) 2022/2095 all requirements concerning the introduction into, and movement within the Union, of the plants that can host the specified pest, as those requirements have been included in Annexes VII and VIII to Implementing Regulation (EU) 2019/2072 (3), pursuant to Commission Implementing Regulation (EU) 2025/1953 (4).

(4)

As regards the Aesculus genus, the list of specified plants, as defined in Implementing Regulation (EU) 2022/2095, includes only the species of Aesculus hippocastanum as a host plant on which eradication and containment measures are to be taken. However, after the finding of the specified pest on other Aesculus species in the Union, that list should be extended to the whole genus Aesculus.

(5)

Article 6(2) of Implementing Regulation (EU) 2022/2095 allows for a derogation from the establishment of demarcated areas under certain conditions. Where the competent authority uses that derogation, it is to put in place a number of measures, including intensive surveillance within a radius of at least 1 km around the finding. However, in very specific cases, where the emergence and presence of the specified pest can unequivocally be excluded following the assessment by the competent authority and the respective risk is considered negligible, such surveillance is not justified and thus should not be required.

(6)

In accordance with Article 8(1), fourth subparagraph, and Article 9(1), fifth subparagraph, of Implementing Regulation (EU) 2022/2095, the surveys in the buffer zone are to be based on the Authority’s General guidelines for statistically sound and risk-based surveys for plant pests, while the survey design and sampling scheme used therein are to be able to identify with at least 95 % of confidence, a level of presence of infested plants of 1 %.

(7)

Since 2022, experience with the application of that Implementing Regulation has shown the need to strengthen the level of confidence of the survey design and sampling scheme in the proximity of the places of production located in demarcated areas. It should therefore be provided for that, within the width of at least 1 km around the places of production of the host plants, the surveys design and sampling schemes should be able to identify with at least 99 % confidence level, a level of presence of infested plants of 1 %. This is necessary in order to guarantee the early detection of the specified pest and to prevent potential movement of infested material within the Union territory.

(8)

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 2, point (2) is replaced by the following:

(2)

in Article 2, point (4) is replaced by the following:

(3)

in Article 2, the following point is added:

(4)

in Article 6(2), point (b) is replaced by the following:

(5)

in Article 8(1), the fourth subparagraph is replaced by the following:

‘The surveys in the buffer zone shall be based on the Authority’s General guidelines for statistically sound and risk-based surveys for plant pests, and the survey design and sampling scheme used in the buffer zone shall be able to identify with at least 95% of confidence, a level of presence of infested plants of 1 %. However, within the width of at least 1 km around the places of production of the host plants, the survey design and sampling scheme used shall be able to identify with at least 99 % confidence level, a level of presence of infested plants of 1 %.’;

(6)

in Article 9(1), the fifth subparagraph is replaced by the following:

‘The surveys in the buffer zone shall be based on the Authority’s General guidelines for statistically sound and risk-based surveys for plant pests, and the survey design and sampling scheme used in the buffer zone shall be able to identify with at least 95 % of confidence, a level of presence of infested plants of 1 %. However, within the width of at least 1 km around the places of production of the host plants, they shall be able to identify with at least 99 % confidence level, a level of presence of infested plants of 1 %.’;

(7)

Articles 10, 11 and 12 are deleted;

(8)

Annex II is replaced by the text in the Annex to this Regulation.