Article 7 · Commission Implementing Regulation (EU) 2024/434

Contents

Article 7Eradication measures#

1.After the initial demarcation of the area, and in parallel to the delimiting surveys, the competent authorities shall take all of the following measures:

(a)immediate felling of all infested plants and plants suspected to be infested at the ground level;

(b)immediate felling at the ground level of all specified plants within a radius of at least 100 m around infested plants and thorough examination of those specified plants for any sign of infestation, except in cases where the infested plants were found outside the flying period of the specified pest; in that case, the felling and removal of specified plants shall be carried out in time before the start of the next flying period;

(c)removal, examination and safe disposal of the plants felled in accordance with points (a) and (b), taking all necessary precautions to avoid spreading of the specified pest during and after felling;

(d)examination and safe disposal of the wood and bark associated with the infestation, taking all necessary precautions to avoid spreading of the specified pest;

(e)prohibition of any movement of specified plants, wood and bark out of the demarcated area;

(f)investigation of the origin of the infestation by tracing back the plants, wood, bark and other objects associated with the infestation, and examination thereof for any sign of infestation, including branch sampling and targeted destructive sampling;

(g)replacement of specified plants by other non-susceptible plant species, where appropriate;

(h)prohibition of the presence of new specified plants in the open air, in the area referred to in point (b), with the exception of the presence of trapping trees;

(i)in cases where trapping trees are used, those shall be subject to regular inspections, and be destroyed and examined before the next flying period;

(j)raising public awareness on the threat of the specified pest and the measures adopted to prevent its introduction into and spread within the Union territory, including the conditions regarding movement of specified plants, wood and bark 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, in particular those related to the accessibility and adequate eradication of all plants that are infested or suspected of infestation, irrespective of their location, public or private ownership or the person or entity responsible for them; and

(l)any other measure which may contribute to the eradication of the specified pest, in accordance with International Standard for Phytosanitary Measure (‘ISPM’) No 9 and to applying a systems approach in accordance with the principles set out in ISPM No 14.

2.The competent authorities may decide to extend the radius referred to in paragraph 1, point (b), based on information on the size of the infestation, density of specified plants, origin and/or age of the outbreak.

3.By way of derogation from paragraph 1, point (b), where the competent authority concludes that felling is inappropriate for a limited number of individual plants, due to their particular social, cultural or environmental value, those individual plants shall be subject to a monthly individual examination for any sign of infestation. In such cases, measures alternative to felling ensuring a high level of protection shall be taken to prevent any possible spread of the specified pest from those plants.The reasons for such conclusion and the measures taken as a result of it shall be communicated to the Commission in the report pursuant to Article 9.

4.If the results of the delimiting survey referred to in Article 3(2) show another finding for the specified pest, the competent authority shall apply all measures referred to in paragraph 1 and shall continue with the delimiting survey.