Commission Implementing Regulation (EU) 2022/2095 of 28 October 2022 establishing measures to prevent the introduction into, establishment and spread within the Union territory of Anoplophora chinensis (Forster) and repealing Decision 2012/138/EU

This Regulation sets out measures to prevent the introduction into, the establishment and spread within the Union territory of Anoplophora chinensis (Forster), and its eradication or containment if found present in that territory.

For the purposes of this Regulation, the following definitions apply: (1) ‘specified pest’ means Anoplophora chinensis (Forster); (2) ‘specified plants’ means plants for planting, that have a stem or root collar diameter of 1 cm or more at their thickest point, of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., Carpinus spp., Citrus spp., Cornus spp., Corylus spp., Cotoneaster spp., Crataegus spp., Fagus spp., Lagerstroemia spp., Malus spp., Melia spp., Ostrya spp., Photinia spp., Platanus spp., Populus spp., Prunus laurocerasus, Pyrus spp., Rosa spp., Salix spp., Ulmus spp. and Vaccinium corymbosum; (3) ‘place of production’ means a place of production as defined in the FAO International Standard for Phytosanitary Measures (‘ISPM’) No 5 ; (4) ‘host plants’ means plants for planting, that have a stem or root collar diameter of 1 cm or more at their thickest point, of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., Carpinus spp., Chaenomeles spp., Citrus spp., Cornus spp., Corylus spp., Cotoneaster spp., Crataegus spp., Cryptomeria spp., Fagus spp., Ficus spp., Hibiscus spp., Lagerstroemia spp., Malus spp., Melia spp., Morus spp., Ostrya spp., Parrotia spp., Photinia spp., Platanus spp., Populus spp., Prunus laurocerasus, Pyrus spp., Rosa spp., Salix spp., Ulmus spp. and Vaccinium corymbosum; (5) ‘sentinel plants’ means specified plants specifically planted to support the early detection of the specified pest and used for surveillance.

1 Competent authorities shall carry out annual risk-based surveys of the host plants in the areas of their territories where the specified pest is not known to occur for the presence of the specified pest. The design and sampling scheme of those surveys shall allow to detect, within the Member State concerned, with a sufficient level of confidence, a low level of presence of infested plants. The surveys shall be based on the European Food Safety Authority’s (‘Authority’) General guidelines for statistically sound and risk-based surveys for plant pests.

2 The surveys shall be carried out: (a) on the basis of the level of the respective phytosanitary risk; (b) in open air, as well as in nurseries, garden centres, trading centres, natural and urban areas and other relevant sites as appropriate; (c) at appropriate times of the year with regard to the possibility to detect the specified pest, taking into account the biology of that pest, the presence and biology of host plants, and the scientific and technical information referred to in the Authority’s Pest Survey Card on Anoplophora chinensis .

3 The surveys shall consist of: (a) visual examination of host plants; and (b) where appropriate, collection of samples and testing of plants for planting. In order to complement visual examinations specifically trained sniffer dogs may be used, where appropriate.

1 Each Member State shall, in addition to the obligations provided for in Article 25 of Regulation (EU) 2016/2031, establish a contingency plan setting out the actions to be taken in its territory concerning: (a) the eradication of the specified pest, as set out in Article 8; (b) the movements of specified plants within the Union territory, as set out in Article 10; (c) the official inspections to be carried out on movements of specified plants within the Union territory and of host plants into the Union territory, as set out in Articles 10 and 11; (d) the minimum resources to be made available and the procedures for making those additional resources available in case of a suspected or confirmed presence of the specified pest; (e) rules detailing the procedures for identifying the owners of the plants to be removed, notifying the order of removal and accessing private properties.

2 Member States shall update their contingency plans, as appropriate, by 31 December of each year.

1 Where the presence of the specified pest is officially confirmed, the Member State concerned shall without delay establish a demarcated area consisting of: (a) a zone including the infested plants and all specified plants which are liable to become infested within a 100 m radius around infested plants (‘infested zone’); (b) a buffer zone with a width of at least 2 km beyond the boundary of the infested zone.

2 The delimitation of the demarcated area shall be based on the scientific principles, the biology of the specified pest, the level of infestation, the particular distribution of the host plants in the area concerned and the evidence on the establishment of the specified pest.

3 For the purposes of taking eradication measures referred to in Article 8 and where the competent authority concludes that eradication of the specified pest is possible, taking into account the circumstances of the outbreak, such as its size and location, the level of infestation or the number and distribution of host plants, the width of the buffer zone may be reduced to not less than 1 km.

4 For the purposes of taking containment measures referred to in Article 9, the buffer zone shall be of a width of at least 4 km. The width of the buffer zone may be reduced to not less than 2 km, taking into account the circumstances of the outbreak, such as its size and location, the level of infestation or the number and distribution of host plants.

5 Where the presence of the specified pest has been officially confirmed in the buffer zone of a demarcated area for containment, Articles 17 and 18 of Regulation (EU) 2016/2031 shall apply.

1 By way of derogation from Article 5, the competent authorities may choose not to establish a demarcated area if the following conditions are fulfilled: (a) there is evidence that the specified pest has been introduced into the area with the plants on which it was found and those plants were infested before their introduction into the area concerned, or it is an isolated finding, not expected to lead to establishment; and (b) it is ascertained that there is no establishment of the specified pest and the spread and successful breeding of the specified pest is not possible due to its biology, based on the results of a specific investigation and eradication measures taken.

2 Where the competent authority uses the derogation provided for in paragraph 1, it shall: (a) immediately take measures to ensure the prompt eradication of the specified pest and to exclude the possibility of its spread; (b) during at least one life cycle of the specified pest plus one additional year, and at least four consecutive years, monitor a width of at least 1 km around the infested plants or the place where the specified pest was found, regularly and intensively at least during the first year; (c) destruct any infested plant material; (d) trace back the origin of the infestation and the plants associated with the infestation as far as possible and examine those plants for any sign of infestation, including by targeted destructive sampling; (e) raise public awareness of the threat of the specified pest; and (f) take any other measure, which may help eradicate the specified pest, taking account of ISPM No 9 and applying an integrated approach in accordance with the principles set out in ISPM No 14 .

1 The demarcation may be lifted when, based on the surveys referred to in Article 8(1), point (h), the specified pest is not detected in a demarcated area for at least one life cycle of the specified pest plus one additional year, in total no less than four consecutive years. For the purposes of the first subparagraph, the exact length of the life cycle of the specified pest shall depend on evidence that is available for the area concerned or a similar climate zone.

2 The demarcation may also be lifted in cases where the conditions set out in Article 6(1) are fulfilled.

1 In the demarcated areas for eradication, the competent authorities shall take all of the following measures: (a) immediate felling of infested plants and plants suspected to be infested, and complete removal of their roots; (b) immediate felling of all specified plants and removal of their roots within a radius of 100 m around infested plants, and examination of those specified plants for any sign of infestation, except in cases where the infested plants were found outside the flying period of the specified pest, when the felling and removal shall be carried out in time before the start of the next flying period; (c) removal, examination and safe disposal of plants felled in accordance with points (a) and (b) and of their roots, taking all necessary precautions to avoid spreading of the specified pest during and after felling; (d) prohibition of any movement of potentially infested material out of the demarcated area; (e) investigation of the origin of the infestation by the tracing of plants, as far as possible, and the examination of those plants for any sign of infestation, including targeted destructive sampling; (f) replacement of specified plants by other non-susceptible plant species, where appropriate; (g) prohibition of planting of new specified plants in the open air in the area referred to in point (b), except for the places of production referred to in Article 10(1); (h) surveys carried out in accordance with Article 3(2) and (3), of the host plants in the demarcated area, with specific focus on the buffer zone, for the presence of the specified pest and including, where appropriate, targeted destructive sampling carried out by the competent authority and with an indication of the number of samples in the report referred to in Article 13(1); (i) in the cases of sentinel plants, those plants shall be subject of inspections at least once a month and shall be destroyed and examined after two years at the latest; (j) raising public awareness of the threat of the specified pest and the measures adopted to prevent its introduction into and spread within the Union territory, including the conditions regarding movement of specified plants from the demarcated area; (k) where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay eradication, in particular those related to the accessibility and adequate eradication of all plants that are infested or suspected of infestation, irrespective of their location, public or private ownership or the person or entity responsible for them; (l) any other measure which may contribute to the eradication of the specified pest, in accordance with International Standard for Phytosanitary Measure (‘ISPM’) No 9 and to applying a systems approach in accordance with the principles set out in ISPM No 14 . In the case of the first subparagraph, point (a), where it is not possible to remove deeply seated stumps and surface roots, they shall be ground to not less than 40 cm, below the surface level, or covered by insect-proof material. The surveys referred to in paragraph (1), point (h), shall be intensified compared to the surveys referred to in Article 3. 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 %.

2 By way of derogation from paragraph 1, first subparagraph, point (b), where a competent authority concludes that felling is inappropriate for a limited number of individual plants, due to their particular social, cultural or environmental value, those individual plants shall be subject to a monthly individual examination for any sign of infestation and measures alternative to felling ensuring high level of protection shall be taken to prevent any possible spread of the specified pest from those plants. The reasons for such conclusion and the measures taken as a result of it shall be communicated to the Commission in the report under Article 13.

1 When the results of the surveys referred to in Article 8(1), point (h), have confirmed the presence of the specified pest in an area during more than four consecutive years and there is evidence that the specified pest can no longer be eradicated, the competent authorities may limit the measures to the containment of the specified pest. In the demarcated areas for containment, the competent authorities shall take the following measures: (a) immediate start of the felling of infested plants and plants with symptoms caused by the specified pest, and the complete removal of their roots, and completion of all activities in time before the start of the next flying period; (b) removal, examination and disposal of plants felled and of their roots, while taking the necessary precautions to avoid spreading of the specified pest after felling; (c) prohibition of any movement of potentially infested material out of the demarcated area; (d) where appropriate, replacement of specified plants by other non-susceptible plants; (e) prohibition of planting in the infested zone of new specified plants in the open air, except for places of production referred to in Article 10(1); (f) surveys carried out in accordance with Article 3(2) and (3), of the host plants in the buffer zone for the presence of the specified pest, at appropriate times and including, where appropriate, targeted destructive sampling; (g) in the cases where sentinel plants are used, those plants shall be subject of inspections at least once a month and shall be destroyed and examined after two years at the latest; (h) raising public awareness of the threat of the specified pest and the measures adopted to prevent its introduction into and spread within the Union territory, including the conditions regarding movement of specified plants out of the demarcated area established pursuant to Article 5; (i) where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay containment, in particular those related to the accessibility and adequate felling and destruction of all plants that are infested or suspected of infestation, irrespective of their location, ownership or the person responsible for them; (j) any other measure, which may help contain the specified pest. In the case of the second subparagraph, point (a), where it is not possible to remove deeply seated stumps and surface roots, they shall be ground to at least 40 cm below surface level, or covered by insect-proof material. The surveys referred to in the second subparagraph, point (f), shall be intensified compared to the surveys referred to in Article 3. Those surveys 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 shall be able to identify with at least 95 % of confidence, a level of presence of infested plants of 1 %.

2 Member States shall notify to the Commission and to the other Member States every demarcated area for containment that they intend to designate or modify.

1 Specified plants originating in demarcated areas established in accordance with Article 5 may be moved out of the demarcated areas and from the infested zones into the buffer zones only if accompanied by a plant passport prepared and issued in accordance with Articles 78 to 95 of Regulation (EU) 2016/2031, and if they have been grown during at least two years prior to movement, or in the case of plants which are younger than two years, throughout their life, in a place of production which fulfils all of the following requirements: (a) it is registered in accordance with Article 65 of Regulation (EU) 2016/2031; (b) it has been subjected annually to at least two official inspections for any sign of the specified pest carried out at appropriate times, and no such sign has been found; (c) it is located in a demarcated area where official surveys for the presence or signs of the specified pest were carried out annually within a width of at least 1 km around the site at appropriate times and no specified pest or signs of it were found and where the plants have been grown in a site: (i) with physical protection against the introduction of the specified pest; or (ii) where appropriate preventive treatments have been applied; or (iii) where targeted destructive sampling is carried out on each lot of specified plants prior to movement. The inspections referred to in the first subparagraph, point (b), shall include targeted destructive sampling of the roots and stems of plants. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %. The targeted destructive sampling referred to in the first subparagraph, point (c), shall be carried out at the level set out in the table in Annex II. The surveys referred to in the first subparagraph, point (c), shall be based on the Authority’s General guidelines for statistically sound and risk-based surveys of plant pests, and the survey design and sampling scheme used shall be able to identify with at least 95 % confidence level, a level of presence of infested plants of 1 %. Rootstocks grown in a place of production which fulfils all of the requirements of the first subparagraph may be grafted with scions which have not been grown under the conditions referred to in the first subparagraph, but which are no larger than 1 cm in diameter at their thickest point.

2 Specified plants not originating in demarcated areas, but introduced into a place of production in such areas, may be moved within the Union territory only if that place of production complies with the requirements set out in paragraph 1, first subparagraph, point (c), and only if the plants are accompanied by a plant passport as referred to in paragraph 1.

3 Specified plants imported from third countries, where the specified pest is known to be present, in accordance with Chapter VI, may be moved within the Union territory only if accompanied by the plant passport as referred to in paragraph 1.

Specified plants originating in a third country, where the specified pest is known not to be present, may only be introduced into the Union territory if the following conditions are fulfilled: (a) the national plant protection organisation of the third country concerned has communicated in writing to the Commission that the specified pest is known not to be present in that country; and (b) the host plants are accompanied by a phytosanitary certificate stating under the rubric ‘Additional Declaration’ that the specified pest is not present in the respective third country.

1 Specified plants originating in third countries where the specified pest is known to be present shall be accompanied by a phytosanitary certificate indicating under the rubric ‘Additional Declaration’ one of the following: (a) that the plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation in the country of origin and situated in a pest-free area established by that organisation in accordance with relevant International Standards for Phytosanitary Measures and on the basis of official surveys; (b) that the plants have been grown during a period of at least two years prior to export or in the case of plants which are younger than two years have been grown throughout their life in a place of production: (i) established as free from the specified pests in accordance with International Standards for Phytosanitary Measures; (ii) registered and supervised by the national plant protection organisation in the country of origin; (iii) subjected annually to at least two official inspections for any sign of the specified pest carried out at appropriate times and no signs of the pest have been found; and (iv) where the plants have been grown in a site: with physical protection against the introduction of the specified pest, or with the application of appropriate preventive treatments and surrounded by a buffer zone with a width of at least 1 km where official surveys for the presence or signs of the specified pest are carried out annually at appropriate times; and (v) where immediately prior to export consignments of the plants have been subjected to an official inspection for the presence of the specified pest, in particular in roots and stems, including targeted destructive sampling; or (c) that the plants have been grown from rootstocks which meet the requirements of point (b), grafted with scions which meet the following requirements: (i) at the time of export, the grafted scions have been no larger than 1 cm in diameter at their thickest point; and (ii) the grafted plants have been inspected in accordance with point (b)(iii). The name of the pest-free area referred to in the first subparagraph, point (a), shall be mentioned under the rubric ‘place of origin’. The surveys referred to in the first subparagraph, point (a), have been based on the Authority’s General guidelines for statistically sound and risk-based surveys of plant pests, while the survey design and sampling scheme used has been able to identify with a sufficient level of confidence, a low level of presence of infested plants. The surveys referred to in the first subparagraph, point (b)(iv), second indent, have been based on the Authority’s General guidelines for statistically sound and risk-based surveys of plant pests, the survey design and sampling scheme used have been able to identify with at least 95 % confidence level of presence of infested plants of 1 %. In case signs of the specified pest have been found, eradication measures have been immediately taken to restore the pest freedom in the buffer zone. The size of the sample for the inspection referred to in the first subparagraph, point (b)(v), shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %.

2 Specified plants introduced into the Union territory in accordance with paragraph 1, shall be inspected at the point of entry or at the approved control points. The inspection methods applied shall aim at the detection of any sign of the specified pest, in particular in roots and stems, and include targeted destructive sampling. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %, taking account of ISPM No 31 .

3 The targeted destructive sampling referred to in this Article shall be carried out at the level set out in the table in Annex II.

Member States shall, by 30 April of each year, submit to the Commission and to the other Member States a report on the measures taken during the preceding year pursuant to this Regulation and on the results of the measures provided for in Articles 3 to 9. The results of the surveys carried out pursuant to Articles 8 and 9 shall be submitted to the Commission using one of the templates set out in Annex I.

Member States shall, as necessary in order to comply with this Regulation, repeal or amend the measures, which they have adopted to protect their territory against the introduction and spread of the specified pest. They shall immediately inform the Commission of the repeal or amendment of those measures.

Implementing Decision 2012/138/EU is repealed, with the exception of its Article 2, Article 3 and Annex I, which are repealed with effect from 1 January 2024.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Articles 11 and 12, with the exception of Article 12(1), third and fourth subparagraph, shall apply from 1 January 2024. Article 4 shall apply from 1 August 2023. Τhe following provisions shall apply from 1 January 2025: (a) Article 3(1), second subparagraph; (b) Article 8(1), fourth subparagraph; (c) Article 9(1), fifth subparagraph; (d) Article 10(1), fourth subparagraph; (e) Article 12(1), third and fourth subparagraphs. This Regulation shall apply until 31 December 2029.