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Commission Implementing Regulation (EU) 2022/1193 of 11 July 2022 establishing measures to eradicate and prevent the spread of Ralstonia solanacearum (Smith 1896) Yabuuchi et al. 1996 emend. Safni et al. 2014

Commission Implementing Regulation (EU) 2022/1193 of 11 July 2022 establishing measures to eradicate and prevent the spread of Ralstonia solanacearum (Smith 1896) Yabuuchi et al. 1996 emend. Safni et al. 2014

Article 1 Subject matter

This Regulation establishes measures for the purpose of eradicating Ralstonia solanacearum (Smith 1896) Yabuuchi et al. 1996, emend. Safni et al. 2014, the cause of the potato brown rot, and prevent its spread within the Union territory.

Article 2 Definitions

For the purposes of this Regulation, the following definitions apply:

  1. ‘specified pest’ means Ralstonia solanacearum (Smith 1896) Yabuuchi et al. 1996 emend. Safni et al. 2014;

  2. ‘specified plants’ means plants of Solanum tuberosum L. (potato), other than seeds, and plants, other than fruits and seeds, of Solanum lycopersicum (L.) Karsten ex Farw (tomato);

  3. ‘solanaceous host plants’ means wild and cultivated plants of Solanaceae;

  4. ‘volunteer specified plants’ means specified plants which appear in the places of production without having been planted;

  5. ‘tubers intended to be planted in their place of production’ means tubers produced in a specific place of production which are intended to permanently remain in that place and are not intended to be certified.

Article 3 Annual surveys

1.

The competent authorities shall carry out annual surveys for the presence of the specified pest on the specified plants in their territory, in surface water used for irrigation of the specified plants, and in liquid waste, in accordance with the following requirements:

  1. as regards tubers other than those for planting, the surveys shall comprise:

    1. sampling from tuber lots in store or from the growing crop, as late as possible between desiccation of haulms and harvest;

    2. visual inspection of the growing crop, where it is possible to visually identify symptoms of the specified pest, and visual inspection of cut tubers in the cases where that inspection is suitable to detect symptoms of the specified pest;

  2. as regards tubers for planting, other than those intended to be planted in their place of production, surveys shall systematically comprise visual inspection of the growing crops and of lots in store, sampling in store or sampling from the growing crops as late as possible between desiccation of haulms and harvest;

  3. as regards tubers intended to be planted in their place of production, the surveys shall be performed on the basis of the identified risk concerning the presence of the specified pest and shall comprise:

    1. sampling from tuber lots in store or from the growing crop, as late as possible between desiccation of haulms and harvest;

    2. visual inspection of the growing crop where it is possible to visually identify symptoms of the specified pest, and visual inspection of cut tubers in the cases where that inspection is suitable to detect symptoms of the specified pest;

  4. as regards plants of tomato, surveys shall comprise visual inspection, at appropriate times, of at least the growing crop at the place of production of plants intended for replanting;

  5. as regards solanaceaous host plants, other than the specified plants, and surface water and liquid waste, surveys shall be conducted in accordance with appropriate methods and, where appropriate, samples shall be taken.

2.

The number, origin and timing of the collection of samples shall be based on sound scientific and statistical principles and the biology of the specified pest, taking into account the particular potato and tomato production systems of the Member States concerned.

3.

Member States shall report to the Commission and the other Member States, by 30 April of each year, the results of the annual surveys carried out during the preceding calendar year. They shall report the results of those surveys in accordance with the template set out in Annex II.

Article 4 Measures in case of suspicion of the presence of the specified pest

1.

The competent authority shall ensure that samples taken for the purpose of the surveys are subject to the detection tests referred to in point 2.1 of Annex I.

2.

Pending the results of the detection tests, the competent authority shall:

  1. prohibit the movement of the specified plants from all crops, lots or consignments from which the samples have been taken, except the specified plants under its control for which it has been established that there is no identifiable risk of the specified pest spreading;

  2. trace the origin of the suspected presence;

  3. carry out official control of the movement of any specified plants, other than those referred to in point (a), produced on the place of production from which the samples referred to in point (a) were taken;

  4. prohibit the use of surface water on specified plants and on other cultivated solanaceous host plants until the confirmation or refutation of the presence of the specified pest in the surface water, except where it allows the use of surface water on tomatoes and other cultivated solanaceous host plants grown in greenhouses, on condition that water is disinfected through appropriate methods authorised by the competent authority.

3.

Pending the results of the detection tests, the competent authority shall ensure that all of the following elements are retained and appropriately conserved:

  1. all remaining tubers sampled and, wherever possible, all remaining plants sampled;

  2. remaining specified plant extracts, DNA extracts and additional prepared material for the test;

  3. the pure culture, when appropriate;

  4. all relevant documentation.

4.

Where the suspicion of the presence of the specified pest is confirmed in accordance with point 1.1 of Annex I, the competent authority shall ensure that the tests referred to in Annex I are carried out on the samples taken for the purpose of the surveys to confirm or refute the presence of the specified pest.

Article 5 Measures in case of confirmation of the presence of the specified pest

1.

Where the presence of the specified pest is confirmed in accordance with point 1.2 of Annex I, paragraphs 2 to 6 shall apply.

2.

Where the presence of the specified pest is confirmed on specified plants, the competent authority shall, without delay, take all the following measures:

  1. establish an investigation to determine the extent and primary source(s) of infection in accordance with Annex III, with further tests in accordance with Article 4(1), on at least all clonally related stocks of tubers for planting;

  2. establish a demarcated area, which shall consist at least of an infested zone containing all of the following elements:

    1. the specified plants, consignments and/or lots, vehicles, vessels, stores, or units thereof from which an infected specified plant sample was taken, any other objects including packaging material, and the machinery used in production, transport or storage of those specified plants, and, where appropriate, the place(s) of production or the production site(s) where those specified plants were grown or harvested;

    2. all types of items listed in point (i) determined to be probably infected by the specified pest, through pre- or post-harvest contact, or through simultaneous production, irrigation or spraying steps with the infected specified plants and taking into account the elements listed in point 1 of Annex IV;

  3. establish, where necessary to address the phytosanitary risk, a buffer zone around the infested zone taking into account the elements of a possible spread of the specified pest as referred to in point 2 of Annex IV;

  4. designate:

    1. the items listed in point (b)(i) as infected;

    2. the items listed in point (b)(ii) as probably infected.

3.

Where the presence of the specified pest is confirmed on crops of solanaceaous host plants other than the specified plants, and where production of the specified plants is identified at risk, the competent authority shall take the following measures:

  1. establish an investigation to determine the extent and primary source(s) of infection in accordance with Annex III, with further tests in accordance with Article 4(1), on at least all clonally related stocks of tubers for planting; and

  2. establish a demarcated area, which shall consist of an infested zone.

The infested zone shall contain the following:

  1. the host plants from which the infected sample was taken;

  2. the host plants liable to be infected by the specified pest and designated as probably infected, through pre- or post-harvest contact, or through simultaneous production, irrigation or spraying steps with the infected host plants.

The competent authority shall designate:

  1. the host plants referred to in the second subparagraph, point (a), as infected;

  2. the hosts plants referred in the second subparagraph, point (b), as probably infected.

4.

Where the presence of the specified pest is confirmed in surface water, in liquid waste discharges from industrial processing or from packaging premises handling specified plants, or on associated wild solanaceous host plants, and where production of the specified plants is identified at risk through irrigation, spraying or flooding with surface water, the competent authority shall take the following measures:

  1. establish an investigation in accordance with Annex III, including a survey at appropriate times on samples of surface water and liquid waste, and on wild solanaceous host plants if present, in order to determine the extent of the infection; and

  2. establish a demarcated area containing an infested zone taking into account the elements of a possible spread of the specified pest as referred to in point 2 of Annex IV.

The infested zone shall contain the following:

  1. the surface water from which the infected sample(s) was (were) taken;

  2. the surface water liable to be infected, taking into account the elements listed in point 1 of Annex IV.

The competent authority shall designate:

  1. the surface water referred to in the second subparagraph, point (a), as infected;

  2. the surface water referred to in the second subparagraph, point (b), as probably infected.

5.

Where a Member State has submitted an outbreak notification in EUROPHYT, the neighbouring Member States which are referred to in the notification shall determine the extent of probable infection and establish a demarcated area in accordance with paragraphs 2, 3 and 4. In case of outbreak in surface water, a notification shall not be required for infected surface water contained in areas that are already demarcated.

6.

The competent authorities shall ensure that all of the following elements are retained and properly conserved:

  1. the material specified in Article 4(3) until at least the completion of all tests;

  2. the material related to the second detection test and to the identification tests when appropriate, until the completion of all tests;

  3. if applicable, the pure culture of the specified pest, until at least one month after the notification procedure under paragraph 5.

Article 6 Measures for eradicating the specified pest

Article 7 Specific testing measures for tubers for planting

Article 8 Entry into force

ANNEX I

ANNEX IISurvey template referred to in Article 3(3)

ANNEX III

ANNEX IV

ANNEX V

ANNEX VI