Commission Implementing Regulation (EU) 2022/1194 of 11 July 2022 establishing measures to eradicate and prevent the spread of Clavibacter sepedonicus (Spieckermann&Kotthoff 1914) Nouioui et al. 2018

This Regulation establishes measures for the purpose of eradicating Clavibacter sepedonicus (Spieckermann & Kotthoff 1914) Nouioui et al. 2018, the cause of potato ring rot, and prevent its spread within the Union territory.

For the purposes of this Regulation, the following definitions apply: (1) ‘specified pest’ means Clavibacter sepedonicus (Spieckermann & Kotthoff 1914) Nouioui et al. 2018; (2) ‘specified plants’ means plants of Solanum tuberosum L., other than seeds; (3) ‘volunteer specified plants’ means specified plants which appear in the places of production without having been planted; (4) ‘tubers intended to be planted in their place of production’ means tubers produced in a specific place of production which are intended to permanently remain in that place and are not intended to be certified; (5) ‘highly infected area’ means an area in the Union, where the number of outbreak sites identified during annual surveys during a continuous period of more than 10 years have demonstrated that the specified pest is present in multiple locations, and where it cannot be excluded that that pest is also present in production sites which are not under official supervision.

1 The competent authorities shall carry out annual surveys for the presence of the specified pest on the specified plants in their territory in accordance with the following requirements: (a) as regards tubers other than those for planting, the surveys shall comprise: (i) sampling from tuber lots in store or from the growing crop, as late as possible between desiccation of haulms and harvest; (ii) visual inspection of the growing crop, where it is possible to visually identify symptoms of the specified pest, and visual inspection of cut tubers in the cases where that inspection is suitable to detect symptoms of the specified pest; (b) as regards tubers for planting, other than those intended to be planted in their place of production, surveys shall systematically comprise visual inspection of the growing crops and of lots in store, sampling in store or sampling from the growing crops as late as possible between desiccation of haulms and harvest; (c) as regards tubers intended to be planted in their place of production, the surveys shall be performed on the basis of the identified risk concerning the presence of the specified pest and shall comprise: (i) sampling from tuber lots in store or from the growing crop, as late as possible between desiccation of haulms and harvest; (ii) visual inspection of the growing crop, where it is possible to visually identify symptoms of the specified pest, and visual inspection of cut tubers in the cases where that inspection is suitable to detect symptoms of the specified pest; (d) as regards specified plants other than tubers, the surveys and plant sampling shall be carried out in accordance with appropriate methods to identify the specified pest on those plants.

2 The number, origin and timing of the collection of samples shall be based on sound scientific and statistical principles and the biology of the specified pest, taking into account the particular potato production systems of the Member States concerned.

3 Member States shall report to the Commission and the other Member States, by 30 April of each year, the results of the annual surveys carried out during the preceding calendar year. They shall report the results of those surveys in accordance with the template set out in Annex II.

1 The competent authority shall ensure that samples taken for the purposes of the annual surveys are subject to the detection tests referred to in point 2.1 of Annex I.

2 Pending the results of the detection tests, the competent authority shall: (a) prohibit the movement of the specified plants from all crops, lots or consignments from which the samples have been taken, except the specified plants under its control for which it has been established that there is no identifiable risk of the specified pest spreading; (b) trace the origin of the suspected presence; (c) carry out official control of the movement of any specified plants, other than those referred to in point (a), produced on the place of production from which the samples referred to in point (a) were taken.

3 Pending the results of the detection tests, the competent authority shall ensure that all of the following elements are retained and appropriately conserved: (a) all remaining tubers sampled and, wherever possible, all remaining plants sampled; (b) remaining specified plant extracts, DNA extracts and additional prepared material for the test; (c) the pure culture when appropriate; (d) all relevant documentation.

4 Where the suspicion of the presence of the specified pest is confirmed in accordance with point 1.1 of Annex I, the competent authority shall ensure that tests referred to in Annex I are carried out on the samples taken for the purpose of the surveys to confirm or refute the presence of the specified pest.

1 Where the presence of the specified pest is confirmed in accordance with points 1.2 or 1.3 of Annex I, paragraphs 2 to 9 shall apply.

2 The competent authority shall establish, without delay, a demarcated area, taking into account the elements listed in point 1 of Annex III, for determining the possible spread of the specified pest.

3 The demarcated area shall contain an infested zone and, where necessary to address the phytosanitary risk, a buffer zone around the infested zone.

4 The infested zone shall contain all of the following items: (a) the specified plants, consignments and/or lots, vehicles, vessels, stores, or units thereof from which an infected specified plant sample was taken, any other objects including packaging material, and the machinery used for production, transport and storage of those specified plants, and, where appropriate, the place(s) of production or the production site(s) where those specified plants were grown or harvested; (b) all types of items listed in point (a) determined to be probably infected by the specified pest, taking into account the elements listed in point 2 of Annex III, through pre- or post-harvest contacts, or through simultaneous production steps, with infected specified plants.

5 The competent authority shall designate: (a) the items listed in paragraph 4, point (a), as infected; (b) the items listed in paragraph 4, point (b), as probably infected.

6 Tubers originating in a demarcated area shall not be moved out of that demarcated area, unless it is proven that they are free from the specified pest on the basis of the tests referred to in Annex I.

7 By way of derogation from Article 32 of Implementing Regulation (EU) 2019/1715, Member States are not required to submit an outbreak notification in EUROPHYT where the specified pest is situated in a highly infected area listed in Annex ΙV.

8 Where a Member State has submitted an outbreak notification in EUROPHYT, the neighbouring Member States which are referred to in the notification shall determine the extent of probable infection and establish a demarcated area in accordance with paragraphs 2, 3 and 4.

9 The competent authority shall ensure that all of the following elements are retained and properly conserved: (a) the material specified in Article 4(3) until at least the completion of all tests; (b) the material related to the second detection test and to the identification tests when appropriate, until the completion of all tests; (c) if applicable, the pure culture of the specified pest, until at least one month after the notification procedure under paragraph 7.

1 Specified plants, designated as infected by the specified pest pursuant to Article 5(5), point (a), shall not be planted. The competent authority shall ensure that the infected specified plants are destroyed or are otherwise disposed of in another way, in accordance with point 1 of Annex V, provided that it is established that there is no identifiable risk of the specified pest spreading. Where specified plants have been planted before they are designated as infected, the planted material shall be immediately destroyed or disposed of in accordance with point 1 of Annex V. The production site(s) where the infected specified plants have been planted shall be designated as infected.

2 Specified plants designated as probably infected pursuant to Article 5(5), point (b), shall not be planted and, without prejudice to the outcome of the tests referred to in Article 7 for clonally related stocks, shall, under official supervision, be put to appropriate use or disposal as specified in point 2 of Annex V, in such a way that it is established that there is no identifiable risk of the specified pest spreading. Where specified plants have been planted before they are designated as probably infected, the planted material shall be immediately destroyed or be put to appropriate use or disposal as specified in point 2 of Annex V. The production site(s) where the probably infected specified plants have been planted, shall be designated as probably infected.

3 Any machinery, vehicle, vessel, store, or units thereof, and any other objects including packaging material, designated as infected or as probably infected pursuant to Article 5(5) shall either be destroyed or cleaned and disinfected using the methods specified in point 3 of Annex V.

4 In addition to the measures provided for in paragraphs 1, 2 and 3, the measures specified in point 4 of Annex V shall be applied in the demarcated areas.

1 Where the presence of the specified pest has been confirmed in a production site of tubers for planting, the competent authority shall ensure that the tests referred to in Annex I are carried out on the clonally related lines of the infected lots of tubers or, where the absence of clonally related lines is established, on the tubers or lots of tubers which have been in direct or indirect contact with the infected lots of tubers.

2 Where the presence of the specified pest has been confirmed in production sites of tubers for planting in a certification scheme, the tests referred to in Annex I shall be carried out either on each plant of the initial clonal selection or on representative samples of the basic seed potatoes.

1 Tubers of the specified plants, other than those for planting, originating in a highly infected area listed in Annex IV, may only be moved out of that area into other areas of the Union territory, if they fulfil the two following conditions: (a) they are accompanied by a plant passport; (b) they originate from a place of production registered and supervised by the competent authorities, and officially recognized to be free from the specified pest; or they have been found free from the specified pest on the basis of sampling and testing performed in accordance with Annex I.

2 Every five years, Member States shall submit reports to the Commission and the other Member States, as regards the evolution of their respective highly infected areas.

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.