1.   Member States shall conduct annual surveys of the host plants for the detection of the specified pest in their territory.

2.   Those surveys shall be carried out by the competent authorities, or under the official supervision of the competent authorities.

3.   Those surveys shall be performed on the basis of the level of risk. They shall take place in open air, including cropping fields, orchards, vineyards, as well as nurseries, garden centres and/or trading centres, natural areas and other relevant locations.

4.   Those surveys shall consist in the collection of samples and testing of plants for planting. Taking into account the European Food Safety Authority’s (Authority) Guidelines for statistically sound and risk-based surveys of Xylella fastidiosa, the survey design and sampling scheme used shall be able to identify within the Member State concerned, with at least 80 % of confidence, a level of presence of infected plants of 1 %.

5.   Those surveys shall be carried out at appropriate times of the year with regard to the possibility to detect the specified pest, taking into account the biology of that pest and its vectors, the presence and biology of host plants, and the scientific and technical information referred to in the Authority’s Pest Survey Card on Xylella fastidiosa.

6.   The presence of the specified pest shall be monitored by one of the molecular tests listed in Annex IV. In case of positive results detected in areas other than the demarcated areas, the presence of the specified pest shall be confirmed by one more positive molecular test listed in that Annex, targeting different parts of the genome. Those tests shall be performed on the same plant sample or, if appropriate for the molecular confirmatory test used, on the same plant extract.

7.   The identification of the subspecies of the specified pest shall be carried out on each plant species that is found infected by the specified pest in the demarcated area concerned. That identification shall be carried out by using the molecular tests listed in Section B of Annex IV.

8.   Member States shall report the results of the surveys referred to in paragraph 1 in accordance with Article 22(3) of Regulation (EU) 2016/2031.

1.   Each Member State shall establish a contingency plan. That contingency plan shall set out the actions to be taken in its territory concerning:

Each Member State shall update its contingency plan, as appropriate, by 31 December of each year. Contingency plans established under Implementing Decision (EU) 2015/789 shall be updated by 31 December 2020.

2.   In addition to the elements referred to in Article 25(2) of Regulation (EU) 2016/2031, the contingency plan shall include all of the following elements:

1.   Where the presence of the specified pest is officially confirmed, the Member State concerned shall without delay establish a demarcated area.

Where only the presence of one or more particular subspecies of the specified pest is confirmed, the Member State concerned may demarcate an area with regard to those subspecies only.

Where the confirmation of the presence of a subspecies is pending, the Member State concerned shall demarcate that area with regard to the specified pest and all of its possible subspecies.

2.   The demarcated area shall consist of an infected zone and a buffer zone.

The infected zone shall have a radius of at least 50 m around the plant found infected by the specified pest.

The buffer zone shall be of the following width:

3.   The Commission shall update and publish a list of the demarcated areas established by Member States, as notified pursuant to Article 18(6) of Regulation (EU) 2016/2031.

1.   By way of derogation from Article 4, the buffer zone surrounding the infected zone established for the purpose of eradication may be reduced to a width of no less than 1 km, where there is a high degree of confidence that the initial presence of the specified pest did not result in its spread and where all of the following conditions have been fulfilled:

2.   When reducing the width of the buffer zone pursuant to paragraph 1, the Member State concerned shall immediately notify the Commission and the other Member States of the justification for that reduction.

3.   By way of derogation from Article 4, the Member State concerned may decide not to establish a demarcated area immediately, where all of the following conditions are fulfilled:

4.   In the case referred to in paragraph 3, the Member State concerned shall:

1.   Where, based on the surveys referred to in Article 10, the specified pest has not been detected in a demarcated area for a period of four years, this demarcation may be lifted. In such cases, the Member State concerned shall notify the Commission and other Member States.

2.   By way of derogation from paragraph 1, in the case where the Member State concerned has reduced the buffer zone to a width of no less than 1 km in accordance with Article 5(1), the Member State may lift the demarcated area after 12 months since its initial establishment, where both of the following conditions are fulfilled:

3.   Where a demarcated area is lifted pursuant to paragraph 2, the specified plants located in the previously established demarcated area shall be subject to intensive surveys during the following two years. For that purpose, and taking into account the Authority’s Guidelines for statistically sound and risk-based surveys of Xylella fastidiosa, the survey design and sampling scheme shall be able to identify with at least 80 % confidence a level of presence of infected plants of 1 %.

4.   When lifting the demarcated area after 12 months since its initial identification, the Member State concerned shall immediately notify the Commission and the other Member States of the justification for that lifting.

1.   The Member State concerned shall immediately remove from the infected zone:

2.   When removing the plants referred to in paragraph 1, the Member State concerned shall take all necessary precautions into account, and shall organise the removal on the basis of the level of risk posed by those plants

3.   By way of derogation from points (b), (c) and (d) of paragraph 1, Member States may decide that individual specified plants officially designated as plants with historic value do not need to be removed, provided that all of the following conditions have been fulfilled:

1.   The Member State concerned shall apply appropriate phytosanitary treatments, in the infected zone, against the vector population of the specified pest, in all its stages. It shall apply those treatments prior to and during the removal of the plants referred to in Article 7(1). Those treatments shall include efficient chemical, biological or mechanical treatments against the vectors, taking into account the local conditions.

2.   The Member State concerned shall apply agricultural practices for the control of the vector population of the specified pest, in all its stages, in the infected zone and in the buffer zone. It shall apply those practices at the most appropriate time of the year, regardless of the removal of the plants concerned. Those practices shall include efficient chemical, biological or mechanical treatments against the vectors, as appropriate, taking into account the local conditions.

1.   The Member State concerned shall destroy the plants and parts of plants referred to in Article 7(1), in a manner ensuring that the specified pest is not spread, in situ or in a nearby location designated for this purpose within the infected zone or, provided that those plants or parts of plants are covered by net against the vectors, at the shortest distance from that location.

2.   The Member State concerned may decide, on the basis of the risk level, to limit the destruction to the branches and foliage only and subject the related wood to phytosanitary treatment as referred to in Article 8(1). The root system of those plants shall be either removed or devitalised, with an appropriate phytosanitary treatment to avoid resprouting.

1.   The Member State concerned shall take any other measure which may contribute to the eradication of the specified pest, in accordance with International Standard for Phytosanitary Measure (‘ISPM’) No 9 (9) and to contributing to applying an integrated approach in accordance with the principles set out in ISPM No 14 (10).

2.   The Member State concerned shall take measures addressing any particularity or complication that could reasonably be expected to prevent, hinder or delay eradication, in particular those related to the adequate destruction of all plants that are infected or suspected of infection, or to the accessibility of their location, public or private ownership or the person or entity responsible for them.

3.   The Member State concerned shall carry out appropriate investigations to identify the origin of the infection. It shall trace the host plants associated with the case of infection concerned, including those which were moved before a demarcated area was established. The results of such investigations shall be communicated to the Commission and the Member States in which those plants concerned originate, to the Member States through which those plants have moved and to the Member States where those plants have moved into.

1.   The Member State concerned shall remove all plants which have been found to be infected by the specified pest on the basis of the monitoring referred to in Article 15(2).

That removal shall take place immediately after the official identification of the presence of the specified pest or, if the specified pest is detected outside the flight season of the vector, that removal shall take place before the next flight season of the vector. All necessary precautions shall be taken to avoid spreading of the specified pest and its vectors during and after removal.

2.   By way of derogation from paragraph 1, the Member State concerned may decide, for scientific purposes, not to remove plants which have been found to be infected by the specified pest in the sites of plants with particular cultural and social value, referred to in Article 15(2)(b).

1.   The Member State concerned shall apply appropriate phytosanitary treatments against the vector population of the specified pest, in all its stages, on the plants referred to in Article 13(1) prior to their removal and around the plants referred to in Article 13(2). Those treatments shall include efficient chemical, biological or mechanical treatments against the vectors, taking into account the local conditions.

2.   In the areas referred to in points (a) and (b) of Article 15(2), the Member State concerned shall apply agricultural practices for the control of the vector population of the specified pest, in all its stages, at the most appropriate time of each year. Those practices shall include efficient chemical, biological or mechanical treatments against the vectors, taking into account the local conditions.

1.   The Member State concerned shall, at least in the parts of the infected zone referred to in paragraph 2, immediately sample and test, within a radius of 50 m around the plants which have been found to be infected by the specified pest, the following plants:

2.   The Member State concerned shall monitor, at the most appropriate times, the presence of the specified pest by annual surveys, taking into account the information referred to in the Authority’s Pest Survey Card on Xylella fastidiosa. That monitoring shall take place at least in the following parts of the infected zone listed in Annex III:

In those parts of the infected zone, the Member State concerned shall carry out sampling and testing of the species of host plants found infected in the demarcated area, in accordance with Article 2(6). For that purpose, taking into account the Authority’s Guidelines for statistically sound and risk-based surveys of Xylella fastidiosa, the survey design and sampling scheme shall be able to identify with at least 90 % confidence a level of presence of infected plants of 0,7 %. It shall also sample and test the vector population for the presence of the specified pest.

3.   Point (a) of paragraph 2 shall not apply in the case of islands which are entirely under containment measures and are situated more than 5 km to the nearest Union land territory.

4.   In buffer zones, the Member State concerned shall sample and test the host plants, as well as other plants showing symptoms indicating possible infection by that pest or suspected to be infected by that pest. For that purpose, taking into account the Authority’s Guidelines for statistically sound and risk-based surveys of Xylella fastidiosa, the survey design and sampling scheme shall be able to identify with at least 90 % confidence a level of presence of infected plants of 1 %, taking into account that the first 400 m adjacent to the infected zones pose a higher risk.

5.   The Member State shall monitor the presence of the specified pests in vectors in the parts of the infected zone referred to in paragraph 2 and in the buffer zone in order to determine the risk of further spreading posed by vectors and to evaluate the effectiveness of the phytosanitary control measures applied in accordance with Article 14.

1.   The Member State concerned shall, in situ or in a nearby location designated for this purpose within the infected zone listed in Annex III, destroy plants and parts of plants which have been found to be infected by the specified pest, in a manner ensuring that the specified pest is not spread.

2.   The Member State concerned may decide to limit the destruction to branches and foliage only and subject the related wood to appropriate phytosanitary treatments in accordance with Article 14(1), where it concludes that those plants do not pose any risk for further spreading of the specified pest. The root system of those plants shall be either removed or devitalised with an appropriate phytosanitary treatment to avoid resprouting.

1.   The competent authority may only authorise a production site for the purposes of Articles 19 and 21 where it fulfils all of the following conditions:

2.   Where, during the annual inspections, the competent authorities detect the presence of the specified pest, or damages to the physical protection referred to in point (b) of paragraph 1, they shall immediately revoke the authorisation of the site and temporarily suspend the movement of the specified plants out of the demarcated areas concerned, and from the respective infected zones into the buffer zones.

3.   Each Member State shall establish and update a list of all sites authorised in accordance with paragraph 1.

It shall transmit that list to the Commission and the other Member States immediately after establishing or updating that list.

1.   Specified plants which have never been grown inside a demarcated area may only be moved within the Union where they have been grown in a site that fulfils the following conditions:

2.   By way of derogation from paragraph 1, plants for planting, other than seeds, of Coffea, Lavandula dentata L., Nerium oleander L., Olea europaea L., Polygala myrtifolia L. and Prunus dulcis (Mill.) D.A. Webb, may only be moved for the first time within the Union where the following conditions are fulfilled:

1.   Host plants originating in a third country where the specified pest is known to be present may only be introduced into the Union where the following conditions are fulfilled:

2.   Host plants which originate in a third country where the specified pest is known to be present and have been grown for the entire production cycle in vitro, may only be introduced into the Union where the following conditions are fulfilled:

1.   Member States shall carry out systematic official checks on specified plants being moved out of a demarcated area, or from an infected zone to a buffer zone.

2.   Such checks shall be performed at least in the locations, including roads, airports and ports, where the host plants are moved from infected zones into buffer zones or other parts of the Union territory.

3.   Those checks shall include a documentary check, and an identity check of the specified plants.

4.   Those checks shall be carried out irrespective of the declared origin of the specified plants, ownership or the person or entity responsible for them.

5.   Where those checks show that the conditions laid down in Articles 19 to 23 are not satisfied, the Member State which carried them out shall immediately destroy the non-compliant plant in situ or in a nearby location. That action shall be carried out taking all necessary precautions to avoid spreading of the specified pest, and any vectors carried by that plant, during and after removal.

1.   All consignments of host plants introduced into the Union from a third country shall be officially checked at the point of entry into the Union or at the place of destination established in accordance with Commission Directive 2004/103/EC (14).

2.   Ιn case of host plants originating in areas where the specified pest is known to occur, the competent authority shall carry out an inspection, consisting of sampling and testing of the lot of the specified plants to confirm the absence of the specified pest, using a sampling scheme able to identify with at least 80 % confidence, a level of infected plants of 1 %, taking account of ISPM No 31.

3.   Paragraph 2 shall not apply to host plants which have been grown for the entire production cycle in vitro and are transported in transparent containers under sterile conditions.

1.   Member States shall make information available to the general public, travellers, professional and international transport operators concerning the threat of the specified pest for the Union territory. They shall make that information publicly available, in the form of targeted awareness campaigns on the respective websites of the competent authority or other websites designated by it.

2.   Within the demarcated areas, the Member State concerned shall raise public awareness concerning the threat of the specified pest and the measures adopted to prevent its introduction into and spread within the Union. It shall ensure that the general public, travellers and relevant operators are aware of the delimitation of the demarcated area, the infected zone and the buffer zone. The Member State concerned shall also inform relevant operators about the measures to take against the vector as laid down in Articles 8 and 14.

1.   Member States shall, by 30 April of each year, transmit to the Commission and to the other Member States a report on the measures taken during the preceding year, pursuant to Articles 2, 4, 5, 7 to 18 and 32, as applicable, and on the results of those measures.

The results of the surveys carried out pursuant to Articles 10 and 15 in demarcated areas shall be transmitted to the Commission using the templates referred to in Annex V.

2.   Member States shall, by 31 December of each year, transmit to the Commission and the other Member States a plan setting out the measures to be taken pursuant to Articles 2, 4, 5, 7 to 18 and 32, as applicable, in the following year. That plan shall set out the scheduled time period of each measure, the deadlines for implementing the measures and the allocated budget for all measures.

3.   Where justified by the development of the respective phytosanitary risk, Member States shall adapt the respective measures and accordingly update the plan referred to paragraph 2. They shall immediately communicate that update to the Commission and the other Member States.

4.   The Member State concerned shall immediately notify the Commission and the other Member States of any official identification of the presence of the specified pest in the locations referred to in Article 15(2)(a).