Regulation 5(4)
1. This Schedule applies where there is evidence that Anoplophora chinensis (Forster) is present in a relevant UK territory.
2. In this Schedule—
“appropriate time”, in the case of paragraphs 11(a) and 12(a), means immediately or, in any case where the infested plants were found outside the flying period of the plant pest, before the start of the next flying period;
“demarcated area” means an area demarcated under paragraph 3;
“felling”, in relation to a plant, includes its removal;
“infested plant” means a plant which has been found to be infested with the plant pest;
“place of production” means a place of production which meets the requirements referred to in column 3 of item 4 of Part E of Schedule 4;
“the plant pest” means Anoplophora chinensis (Forster);
“relevant period” means a period of at least four consecutive years which includes at least one life cycle of the plant pest and the year after;
“susceptible plants” means plants for planting, other than seeds, that have a stem or root collar diameter of one 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., Platanus spp., Populus spp., Prunus laurocerasus, Pyrus spp., Rosa spp., Salix spp. or Ulmus spp.
3. The appropriate UK plant health authority must by notice and without delay demarcate an area in relation to the infestation consisting of an infested zone and a buffer zone around the infested zone.
4. The infested zone must include the area in which the plant pest was found, all plants showing symptoms caused by the plant pest and, where appropriate, all plants belonging to the same lot at the time of planting.
5. The boundary of the buffer zone must be at least two km beyond the boundary of the infested zone, but may be reduced to one km beyond the boundary of the infested zone where the appropriate UK plant health authority concludes that eradication of the plant pest is possible and remains of that view.
6. The demarcation of the infested zone and the buffer zone must be based on sound scientific principles, the biology of the plant pest, the level of infestation, the distribution of host plants in the area concerned and evidence of establishment of the plant pest.
7. If there is a confirmed finding of the plant pest outside the infested zone, the appropriate UK plant health authority must either demarcate a further area or amend the original demarcated area in accordance with paragraphs 3 to 6 to take account of that finding.
8. Paragraph 3 is subject to paragraph 15.
9. This Part does not apply in so far as any part of the area to be demarcated would be in Scotland.
10. Where an area is demarcated under paragraph 3, the appropriate UK plant health authority must ensure that measures are taken to eradicate the plant pest in the area or, where it has concluded that this is no longer possible, to contain the spread of the plant pest from the area.
11. The eradication measures must include—
(a)the felling of all infested plants and plants with symptoms caused by the plant pest, other than any plant to which sub-paragraph (d) applies, and the complete removal of their roots at the appropriate time;
(b)the felling of all susceptible plants within a radius of 100 m of an infested plant, other than any plant to which sub-paragraph (d) applies, and the examination of those plants for any sign of infestation;
(c)the removal, examination and disposal of plants felled in accordance with sub-paragraphs (a) and (b) and their roots, taking all necessary precautions to avoid the spread of the plant pest during and after felling;
(d)in any case where the appropriate UK plant health authority concludes that the felling of an infested tree, any tree with symptoms caused by the plant pest or a susceptible plant within a radius of 100 m of an infested plant would not be appropriate and alternative eradication measures can be applied to offer the same level of protection to those measures, those alternative eradication measures;
(e)the prevention of any movement of potentially infested plants out of the demarcated area;
(f)the tracing back to the origin of the infestation and the tracing of plants associated with the infestation as far as possible, along with examinations of the plants traced for any sign that they are infested with the plant pest, which must include targeted destructive sampling;
(g)where appropriate, the replacement of susceptible plants by other plants;
(h)the prohibition on the planting of susceptible plants in the open air within a radius of 100 m of an infested plant, except in a place of production;
(i)intensive monitoring for the presence of the plant pest by annual inspections at appropriate times on host plants, with specific focus on the buffer zone, including, where appropriate, targeted destructive sampling;
(j)activities to raise public awareness of the threat of the plant pest and the measures adopted to prevent its introduction into and spread within the relevant UK territory, including the conditions relating to the movement of susceptible 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 of the plant pest; and
(l)any other measure which may contribute to the eradication of the plant pest, taking into account the guidelines in ISPM No. 9 and ISPM No. 14.
12. The containment measures must include—
(a)the felling of all infested plants and plants with symptoms caused by the plant pest, other than any plant to which sub-paragraph (c) applies, and the complete removal of their roots at the appropriate time;
(b)the removal, examination and disposal of plants felled in accordance with sub-paragraph (a) and their roots, taking all necessary precautions to avoid the spread of the plant pest after felling;
(c)in any case where the appropriate UK plant health authority concludes that the felling and the disposal of an infested tree or any tree with symptoms caused by the plant pest would not be appropriate and alternative containment measures can be applied to offer the same level of protection to those measures, those alternative containment measures;
(d)the prevention of any movement of potentially infested plants out of the demarcated area;
(e)where appropriate, the replacement of susceptible plants by other plants;
(f)the prohibition on the planting of susceptible plants in the open air within a radius of 100 m of an infested plant, except in a place of production;
(g)intensive monitoring for the presence of the plant pest by annual inspections at appropriate times on host plants, which must include targeted destructive sampling;
(h)activities to raise public awareness of the threat of the plant pest and the measures adopted to prevent its introduction into and spread within the relevant UK territory, including the conditions relating to the movement of susceptible plants from the demarcated area;
(i)where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay containment of the plant pest; and
(j)any other measure which may contribute to the containment of the plant pest.
13. The appropriate UK plant health authority must set time periods for the implementation of the measures to be carried out.
14. The appropriate UK plant health authority may only conclude that it is not possible to eradicate the plant pest from a demarcated area where the results of official surveys carried out over a period of four or more consecutive years have confirmed the presence of the plant pest in the demarcated area and there is evidence that the plant pest can no longer be eradicated from the area.
15. The appropriate UK plant health authority need not demarcate an area in relation to a finding of the plant pest in a relevant UK territory where—
(a)there is evidence that—
(i)the infestation has been caused by the movement of susceptible plants to the area of infestation and those plants were infested with the plant pest prior to their movement to that area; or
(ii)it is an isolated finding which is not expected to lead to the establishment of the plant pest; and
(b)it has ascertained that the plant pest is not established in the area and will not successfully breed or spread if appropriate eradication measures are taken.
16. Where the appropriate UK plant health authority does not demarcate an area for the reasons specified in paragraph 15(a) and (b), the appropriate UK plant health authority must ensure that—
(a)measures are immediately taken for the purpose of promptly eradicating the plant pest and preventing its spread;
(b)over the relevant period, monitoring is carried out within one km of the infested plants or the place at which the plant pest was found, which must be regular and intensive in the first year;
(c)the infested plants are destroyed;
(d)tracing back to the origin of the infestation and tracing of plants associated with the infestation is carried out as far as possible, along with examinations of the plants traced for any sign that they are infested with the plant pest, which must include targeted destructive sampling;
(e)activities to raise public awareness of the threat posed by the plant pest are carried out;
(f)any other measure which may contribute to the eradication of the plant pest is taken, taking account of the guidelines in ISPM No. 9 and ISPM No. 14.
17. The appropriate UK plant health authority may lift the demarcation that applies to a demarcated area if—
(a)the plant pest is not detected in the demarcated area over the relevant period during official surveys carried pursuant to paragraph 1(d) of Schedule 9 or by the monitoring referred to in paragraph 11(i); or
(b)the conditions in paragraph 15(a) and (b) are satisfied.