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)

Article 1 Prohibitions concerning the genus Pomacea (Perry)

The genus Pomacea (Perry), hereinafter ‘the specified organism’, shall not be introduced into or spread within the Union.

Article 2 Introduction of plants for planting, excluding seeds, that can only grow in water or soil that is permanently saturated with water

Plants for planting, excluding seeds, that can only grow in water or soil that is permanently saturated with water, hereinafter ‘the specified plants’, originating in third countries may be introduced into the Union if they comply with the requirements, as set out in point (1) of Section 1 of Annex I.

On entry into the Union the specified plants shall be inspected by the responsible official body in accordance with point (2) of Section I of Annex I.

Article 3 Movement of specified plants within the Union

Specified plants originating in demarcated areas established in accordance with Article 5 may be moved within the Union if they meet the conditions, as set out in Section 2 of Annex I.

Article 4 Surveys and notifications of the specified organism

1. Member States shall conduct annual surveys for the presence of the specified organism on rice plants and, where appropriate, other specified plants in fields and watercourses.

Member States shall notify the results of those surveys to the Commission and to the other Member States by 31 December of each year.

2. If the specified organism is found or suspected to be present in fields and watercourses, it shall immediately be notified to the responsible official bodies.

Article 5 Demarcated areas, measures to be taken in such areas, awareness raising programmes and notification

1. Where based on the results of the surveys referred to in Article 4(1) or other evidence, a Member State finds the specified organism to be present in a field or watercourse in its territory where its presence was previously unknown, that Member State shall without delay establish, or where appropriate amend, a demarcated area consisting of an infested zone and a buffer zone, as set out in Section 1 of Annex II.

In the demarcated area it shall take all measures necessary for the eradication of the specified organism. These measures shall include the measures set out in Section 2 of Annex II.

2. Where a demarcated area is to be established or amended in accordance with paragraph 1, the Member State concerned shall, where appropriate, set up or amend an awareness raising programme.

3. Where, as regards a demarcated area, based on the surveys referred to in Article 4(1), the specified organism has not been found to be present for a period of four consecutive years, the Member State concerned shall confirm that that organism is no longer present in that area and that the area ceases to be demarcated.

4. Where a Member State takes measures in accordance with paragraphs 1, 2 and 3, it shall immediately notify to the Commission and the other Member States the list of demarcated areas, information on their delimitation, including maps showing their location, and a description of the measures applied in those demarcated areas.

Article 6 Compliance

Member States shall immediately inform the Commission of the measures they have taken to comply with this Decision.

Article 7 Review

This Decision shall be reviewed by 28 February 2015.

Article 8 Addressees

This Decision is addressed to the Member States.

Done at Brussels, 8 November 2012.

For the Commission

Maroš Šefčovič

Vice-President