Commission Implementing Regulation (EU) 2024/2013 of 23 July 2024 on measures to prevent the establishment and spread within the Union territory and to eradicate Pomacea (Perry) and repealing Implementing Decision 2012/697/EU

This Regulation sets out measures to prevent the establishment and spread within the Union territory of Pomacea (Perry) and measures for its eradication.

For the purposes of this Regulation, the following definitions apply: (1) ‘specified pest’ means all life stages of the genus Pomacea (Perry); (2) ‘specified plants’ means plants for planting, other than seeds, that can only grow in fresh water or soil that is permanently saturated with fresh water; (3) ‘the pest survey card’ means the publication ‘Pest survey card on Pomacea spp.’ of the European Food Safety Authority.

1 The competent authorities shall conduct annual risk-based surveys for the presence of the specified pest outside of the demarcated areas referred to in Article 4, in the areas of the Union territory where the specified pest is not known to be present, but could become established, taking into account the information referred to in the pest survey card.

2 The surveys shall consist of visual examinations, at the most appropriate times, to detect the specified pest, on fields of the specified plants and natural or artificial wetlands, such as rivers, lakes, ponds, irrigation channels.

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) an infested zone, including at least the area within a radius of 10 m around the location where the specified pest has been found to be present or in the case where the specified pest is found in a cultivated field, the entire field and (b) a buffer zone of a width of at least 500 m surrounding the infested zone.

2 The buffer zone shall only include water courses and areas that are saturated with fresh water. Where the infested zone includes a part of a water course, the buffer zone shall include that water course for a length of at least 1000 m downstream and 500 m upstream from the location where the specified pest has been found to be present.

3 In cases where buffer zones of different demarcated areas overlap, a new demarcated area shall be established including the area covered by the relevant infested zones and buffer zones, to ensure a clear delimitation of the demarcated area.

4 If the specified pest is found to be present in the buffer zone, the delimitation of the infested zone and buffer zone shall be amended accordingly.

5 Within the demarcated areas, the competent authorities shall raise public awareness concerning the threat of the specified pest and the measures adopted to prevent its further spread outside of those areas. They shall ensure that the general public and professional operators are aware of the delimitation of the demarcated areas.

1 By way of derogation from Article 4(1), the competent authorities may choose not to establish a demarcated area, if all of the following conditions are fulfilled: (a) the specified pest has been found in one of the following: (i) an isolated water body (e.g. pond, lake); (ii) a site of production that is physically isolated from the surrounding waterways; (iii) a natural water body where, due to low temperatures, the specified pest cannot establish; (b) there is evidence that the specified pest has not escaped from the place where it has been found; (c) there is evidence that it is an isolated finding not expected to lead to establishment of the specified pest; (d) there is no water connection that will allow the natural spread of the specified pest between the location of the finding and the natural environment in the cases described in points 1(a)(i) and (ii); (e) in case there is a depuration system in the water body, that system has been cleaned up to ensure the absence of the specified pest.

2 Where the competent authority applies the derogation provided for in paragraph 1, it shall: (a) take the measures to ensure the prompt eradication of the specified pest and exclude the possibility of its spread; (b) trace back the origin of the infestation and investigate the pathways associated with the finding of the specified pest as far as possible; (c) raise public awareness of the threat of the specified pest; and (d) carry out visual examinations in the site where the specified pest was found and its surroundings, for at least 2 years after the finding, to ensure the absence of the specified pest in the cases described in points 1(a)(i) and (ii).

The eradication measures shall include the following: (a) the removal and destruction of the specified pest; (b) intensive monitoring for the presence of the specified pest, by inspections twice a year with a specific focus on the buffer zone; (c) a hygiene protocol for all used agriculture and aquaculture machinery, which may come into contact with the specified pest and be capable of spreading it; (d) a hygiene protocol for all the equipment for nautical activities and boats, including fishing nets, that remain static in the demarcated area; (e) a combination of treatments against the specified pest and water management, including desiccation of plots, artificial lakes, ponds and irrigation channels, in those areas where it is applicable.

1 In the demarcated areas, the competent authorities shall carry out annual surveys, as referred to in Article 19(1) of Regulation (EU) 2016/2031, to detect the presence of the specified pest, taking into account the information referred to in the pest survey card.

2 Those surveys shall consist of: (a) visual examinations, at the most appropriate times to detect the specified pest, on fields of the specified plants and natural or artificial wetlands, such as rivers, lakes, ponds, irrigation channels; and (b) sampling and testing, in the case of findings or suspicion of findings of the specified pest.

The demarcation referred to in Article 4 may be lifted if, based on the surveys referred to in Article 7, the specified pest has not been detected in the demarcated area for at least 4 consecutive years.

By 30 April of each year, Member States shall submit to the Commission and to the other Member States the results of the surveys carried out, in the preceding calendar year, pursuant to: (a) Article 3, outside of the demarcated areas, during the preceding calendar year, using the templates set out in Annex I to Implementing Regulation (EU) 2020/1231; (b) Article 7, in the demarcated areas, during the preceding calendar year, using one of the templates set out in the Annex to this Regulation.

Implementing Decision 2012/697/EU 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. This Regulation shall apply from 26 January 2025. This Regulation shall be binding in its entirety and directly applicable in all Member States.