Chapter III, Article 5 · Commission Implementing Regulation (EU) 2025/2520

Contents

Article 5Establishment of demarcated areas#

1.Where the presence of the specified pest is officially confirmed, the Member State concerned shall, without delay, establish a demarcated area for the purpose of eradication of the specified pest.

2.Following an official confirmation of the presence of the specified pest and the establishment of the demarcated area referred to in paragraph 1, the competent authorities shall, without delay, determine the level of infestation through a delimiting survey.

3.When, on the basis of the results of the survey referred to in Article 3, during at least four consecutive years it is concluded by the competent authority that the level of infestation by the specified pest is such that makes its eradication impossible, the competent authority may decide to change the regime to containment. In such cases, the competent authority shall immediately notify to the Commission the details of the new demarcated area for containment that they intend to designate or modify, in order for such area to be included in the list of demarcated areas for containment in Annex I.

4.The demarcated area shall consist of the following:

(a)a zone including all infested plants and all specified plants which are liable to become infested, within at least 100 m radius around infested plants (‘infested zone’);

(b)a buffer zone:

(i)with a width of at least 2 km beyond the boundary of the infested zone in the case of a demarcated area for the eradication of the specified pest;

(ii)with a width of at least 4 km beyond the boundary of the infested zone, in the case of a demarcated area for containment.

5.The delimitation of the demarcated area shall be based on:

(a)the scientific principles, the biology of the specified pest, the level of infestation, the particular distribution of the specified plants in the area concerned, and the evidence of establishment of the specified pest;

(b)a delimiting survey with a design and sampling scheme allowing to detect with a 95 % level of confidence, a 1 % of presence of infested plants;

(c)the Authority’s Guidelines for statistically sound and risk-based surveys.

6.For the purposes of taking the eradication measures referred to in Article 9, the width of the buffer zone may be reduced to no less than 1 km, where the competent authority concludes that eradication of the specified pest is possible, taking into account the circumstances of the outbreak, such as its size and location, the level of infestation or the number and distribution of specified plants.In the case of a demarcated area for containment, the width of the buffer zone may be reduced to not less than 2 km, if the competent authority considers that distance to be appropriate for the containment of the specified pest, taking into account the circumstances of the outbreak, such as its size and location, the level of infestation or the number and distribution of specified plants.Within the demarcated areas, the competent authorities shall ensure that the general public and professional operators are aware of the delimitation of the demarcated areas.