Commission Delegated Regulation (EU) 2022/2404 of 14 September 2022 supplementing Regulation (EU) 2016/2031 of the European Parliament and of the Council by laying down detailed rules for the surveys on protected zone quarantine pests and repealing Commission Directive 92/70/EEC

This Regulation lays down detailed rules for: (a) surveys for the establishment of a new protected zone pursuant to Article 32(3) or (6) of Regulation (EU) 2016/2031; and (b) the preparation and the content of annual surveys pursuant to Article 34(1) of Regulation (EU) 2016/2031.

For the purposes of this Regulation, the following definitions apply: (a) ‘buffer zone’ means an area surrounding a protected zone in order to minimize the probability of introduction and spread of the pest into the protected zone; (b) ‘inner band’ means an area inside of a protected zone, of a width equivalent to the width of the buffer zone, surrounding the protected zone on the inner side along its outer border; (c) ‘survey’ means a detection survey targeting the pest in a protected zone and, where appropriate, a buffer zone; (d) ‘demarcated area’ means an area demarcated, following a finding of the pest in a protected zone, as described in Article 18 of Regulation (EU) 2016/2031; (e) ‘statistically-based survey’ means a survey carried out on the basis of the European Food Safety Authority General guidelines for statistically sound and risk-based surveys for plant pests .

1 The competent authority of the Member State concerned, or other persons under the official supervision of the competent authority, shall prepare the surveys referred to in Article 1 (‘the surveys’) in accordance with paragraphs 2 to 6.

2 The surveys shall be: (a) risk-based; (b) based on sound scientific and technical principles; (c) carried out taking into account the biology of the pest and the presence of host species within the protected zone; and (d) carried out at the most appropriate times for the detection of the pest.

3 The surveys shall be extended to a buffer zone surrounding the protected zone. The surveys in the buffer zones shall be more intensive than in the protected zone, with a higher number of survey activities (visual examinations, samples, traps and tests, where appropriate). The width of the buffer zone shall be determined on the basis of the biology of the pest and its potential spread capacity. No surveys in the buffer zone shall be required when due to the biology of the pest, the absence of host plants, the geographical location of the protected zone or the nature of its spatial isolation, there is no risk of introduction of the pest into the protected zone through the natural spread from the neighbouring areas.

4 If there is no possibility to establish a buffer zone in the territory adjacent to the protected zone, an inner band shall be established within the protected zone. The inner band shall not be established when due to the biology of the pest, the absence of host plants, the geographical location of the protected zone or the nature of its spatial isolation, there is no risk of introduction of the pest into the protected zone through the natural spread from the neighbouring areas. The surveys in the inner bands shall be more intensive than in the rest of the protected zone, with a higher number of survey activities (visual examinations, samples, traps and tests, where appropriate).

5 In case of the competent authority decides to carry out a statistically-based survey, the survey design and the sampling scheme used shall be suitable to identify within the protected zone concerned, with a sufficient level of confidence, a low level of presence of infested plants by the pest.

6 In case of the competent authority decides to carry out a statistically-based survey in the buffer zone or the inner band, the survey design and sampling scheme used shall be suitable to identify, with a higher level of confidence than in the protected zone itself, a low level of presence of the pest.

The surveys shall contain the following elements: (a) a map with the geographical delimitation of the protected zone and, where appropriate, the buffer zone or the inner band, detailing the location of the survey activities carried out and indicating the survey points, the findings or outbreaks and any demarcated areas established; (b) a description of: (i) the survey area, including the survey sites; (ii) the plant material or commodity, and (iii) where appropriate, the buffer zone or the inner band; (c) the list of host plants; (d) the identification of the risk areas where the pest can be present; (e) information about the months of the year, during which the survey is carried out; (f) where appropriate: (i) the number of visual examinations to detect symptoms or signs of the presence of the pest, (ii) the number of samples, type and number of tests and of traps which attract the pest; (iii) any other measure that is appropriate to ensure the detection of the pest; (g) in the case of statistically-based surveys, the underlying assumptions for the survey design per pest, including a description of: (i) the target population, epidemiological unit and inspection units; (ii) the detection method and method sensitivity; (iii) any risk factors, indicating risk levels and corresponding relative risks and proportion of host plants; and (iv) in the case of a finding of the pest, measures taken or the reference to EUROPHYT-Outbreaks.

Member States shall report, for each protected zone and using the template set out in Annex I, general information and the results of the surveys. Member States shall use one of the templates set out in Annex II to this Regulation to report on the results of the surveys pursuant to: (a) Article 32(4), point b, of Regulation (EU) 2016/2031; or (b) Article 34(2) of Regulation (EU) 2016/2031.

Directive 92/70/EEC is repealed.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2023.