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SCHEDULE 12Emergency measures: Epitrix cucumeris (Harris), Epitrix papa Orlova-Bienkowskaja, Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner)

PART BEstablishment of a demarcated area

3.  The appropriate UK plant health authority must by notice and without delay demarcate an area in relation to the infestation consisting of—

(a)an infested zone and a buffer zone around the infested zone;

(b)where two or more buffer zones around the infested zones overlap or are geographically close, an area encompassing those infested zones and buffer zones and the areas between the buffer zones.

4.  The infested zone must include the fields in which a finding of the plant pest or signs of infestation by the plant pest on potato tubers has been confirmed and fields in which potato tubers infested with the plant pest have been grown.

5.  The boundary of the buffer zone must be at least 500 m beyond the boundary of the infested zone, but must extend to the boundary of each field mentioned in paragraph 4 where the boundary of the field is less than 500 m beyond the boundary of the infested zone.

6.  The demarcation of the infested zone and the buffer zone must be based on the biology of the plant pest, the level of infestation, the distribution of host plants in the area concerned, evidence of establishment of the plant pest and the capacity of the plant pest to spread naturally.

7.  If there is a confirmed finding of the plant pest or signs of infestation by the plant pest on potato tubers 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 does not apply in so far as any part of the area to be demarcated would be in Scotland.