Commission Implementing Decision of 8 November 2012 as regards measures to prevent the introduction into and the spread within the Union of the genus Pomacea (Perry) (notified under document C(2012) 7803) (2012/697/EU)

ANNEX I INTRODUCTION AND MOVEMENT OF THE SPECIFIED PLANTS

Section 1 Specific requirements for introduction into the Union

(1) Without prejudice to the provisions listed in Directive 2000/29/EC, specified plants originating in a third country shall be accompanied by a phytosanitary certificate, as referred to in the first subparagraph of point (ii) of Article 13(1) of that Directive, which includes under the heading ‘Additional declaration’ the information that the specified plants have been found free from the specified organism immediately prior to leaving the third country concerned.

(2) Specified plants introduced into the Union in accordance with point (1) shall be inspected at the point of entry or the place of destination established in accordance with Commission Directive 2004/103/EC(1) to confirm that they meet the requirements laid down in point (1).

Section 2 Conditions for movement

Specified plants originating in demarcated areas within the Union may be moved from such areas into non-demarcated areas within the Union if they are accompanied by a plant passport prepared and issued in accordance with Commission Directive 92/105/EEC(2).

ANNEX II DEMARCATED AREAS AND MEASURES, AS PROVIDED FOR IN ARTICLE 5

Section 1 Establishment and amendment of demarcated areas

(1) Demarcated areas, as referred to in Article 5, shall comply with points (2) and (3).

(2) The infested zone shall include the places where the specified organism has been found to be present.

Where a part of a cultivated field is in the infested zone, the rest of that field shall be part of the infested zone.

(3) A buffer zone of a width of at least 500 m shall be established around the infested zone. However, that 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 1 000 m downstream and 500 m upstream from the location where the specified organism has been found to be present.

(4) In cases where several buffer zones overlap, a demarcated area shall be established which includes the area covered by the relevant demarcated areas and the areas between them. In other cases where it is appropriate, Member States may establish a demarcated area including several demarcated areas and the areas between them.

(5) When establishing the infested zone and the buffer zone, Member States shall, bearing in mind sound scientific principles, take into account the following elements: the biology of the specified organism, the level of infestation, the distribution of specified plants, the evidence of establishment of the specified organism, the capacity of the specified organism to spread naturally.

(6) If the specified organism has been found to be present in the buffer zone the delimitation of the infested zone and of the buffer zone shall be amended accordingly.

Section 2 Measures in demarcated areas, as provided for in the second subparagraph of Article 5(1)

Eradication measures taken by Member States in demarcated areas shall include the following:

(a)

the removal and destruction of the specified organism;

(b)

intensive monitoring for the presence of the specified organism by inspections twice a year with a specific focus on the buffer zone;

(c)

Member States shall provide for a hygiene protocol for all used agriculture and aquaculture machinery which may come into contact with the specified organism and be capable of spreading it.

(1)

OJ L 313, 12.10.2004, p. 16.

(2)

OJ L 4, 8.1.1993, p. 22.