Prováděcí nařízení Komise (EU) 2022/1195 ze dne 11. července 2022, kterým se stanoví opatření k eradikaci a prevenci šíření organismu Synchytrium endobioticum (Schilbersky) Percival

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/ECOJ L 317, 23.11.2016, p. 4 . , and in particular Article 28(1), points (a) to (h), thereof,

This Regulation sets out measures for the purpose of eradicating Synchytrium endobioticum (Schilbersky) Percival, and preventing its spread within the Union territory.

OJ L 317, 23.11.2016, p. 4 .

(1) Regulation (EU) 2016/2031 provides the basis for Union legislation on protective measures against pests of plants. As that Regulation establishes a new set of rules, it repeals, with effect from 1 January 2022 , several acts which were based on the previous rules in the sector.

(2) One of those repealed acts is Council Directive 69/464/EECCouncil Directive 69/464/EEC of 8 December 1969 on control of Potato Wart Disease (OJ L 323, 24.12.1969, p. 1 ). , which sets out measures against Synchytrium endobioticum (Schilbersky) Percival (the specified pest), the pathogenic agent of potato wart disease.

(3) Furthermore, since the adoption of that Directive, new technical and scientific developments have taken place concerning the biology and distribution of the specified pest, while new testing methods have been developed to detect and identify it, and other methods to eradicate it and prevent its spread have been approved.

(4) It is therefore appropriate to adopt new measures for plants of Solanum tuberosum L., other than seeds (the specified plants), to eradicate the specified pest in infested production sites in case it is found present in the Union territory and prevent its spread. Certain measures laid down in Directive 69/464/EEC, in particular those concerning detection and prevention of spread of the specified pest, are, however, still appropriate and therefore should be provided for.

(5) The competent authorities should carry out annual, risk-based surveys for the presence of the specified pest, at least by visual inspection, of tubers on the production sites where specified plants are grown or stored, in order to ensure the identification and the eradication of the specified pest if found present.

(6) It is appropriate that the rules on surveys include provisions on sampling and testing for the presence of the specified pest, carried out in accordance with the most recent technical and scientific developments. The rules on annual surveys should be adapted to the intended use of the specified plants, to ensure that visual inspections, sampling and testing take place at the most appropriate time and under the most suitable conditions for each plant and its use.

(7) Production sites found infested by the specified pest should be officially recorded, and infected plants should be officially designated as infected, in order to ensure their transparent control and the application of the appropriate measures to eradicate the specified pest and prevent its spread.

(8) It is therefore appropriate to adopt measures concerning the infested production sites and infected plants, to ensure that the specified pest is eradicated and does not spread further. Those measures should include the establishment of demarcated areas and appropriate measures for sampling, testing and inspections.

(9) Potato varieties should be designated as resistant to a particular pathotype of the specified pest, where certain conditions are fulfilled. Testing for such resistance should be carried out in accordance with the most updated technical protocols. That designation is necessary as one of the measures taken to eradicate the specified pest from demarcated areas.

(10) The measures taken to eradicate the specified pest should be revoked if the demarcated areas have been found free from the specified pest or following an appropriate waiting period during which no host plants were grown. This is a proportionate approach, given the negligible phytosanitary risk concerning the presence of the specified pest in such areas.

(11) In order for the Commission to ensure an overview of the measures taken by Member States in the Union and for Member States to adapt their respective measures as necessary, Member States should notify to the Commission and the other Member States, by 31 January of each year, a list of all new varieties of potatoes, which they have found by official testing to be resistant to the specified pests during the preceding year.

(12) This Regulation should enter into force on the third day following that of its publication in the Official Journal of the European Union , to ensure that it applies as soon as possible after the repeal of Directive 69/464/EEC.

(13) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

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

Council Directive 69/464/EEC of 8 December 1969 on control of Potato Wart Disease (OJ L 323, 24.12.1969, p. 1 ).

Article 1 Article 1 Subject matter

Article 2 Article 2 Definitions

Article 3 Article 3 Surveys and laboratory tests of the specified pest 1.The competent authorities shall carry out annual, risk-based surveys for the presence of the specified pest, at least by visual inspection, of tubers in the production sites where specified plants are grown or stored. 2.In case of suspicion of the infection of specified plants by the specified pest, samples shall be taken and tested for the presence of the specified pest, using the methods set out in Annex I. 3.Member States shall report to the Commission and the other Member States, by 30 April of each year, the results of the surveys referred to in paragraph 1, which were carried out in the preceding year. They shall report those results in accordance with the template set out in Annex II.

Article 4 Article 4 Designation of infested production sites and infected specified plants

Article 5 Article 5 Establishment of demarcated areas 1.Where the presence of the specified pest is officially confirmed, the competent authorities shall, without delay, demarcate an area in accordance with paragraph 2. They shall determine the pathotype using the methods laid down in point 5 of Annex I. 2.The demarcated area shall consist of: (a) an infested zone, including at least the production site designated as infested; and(b) a buffer zone, surrounding the infested zone. The delimitation of the buffer zone referred to in the first subparagraph, point (b), shall be based on sound scientific principles, the biology of the specified pest, the level of infestation, the distribution and frequency of cultivation of specified plants in the area concerned, the environmental and geographical conditions, as well as the specific risk of spread of resting spores. 3.The competent authorities shall carry out appropriate investigations to identify the origin of the infection. They shall trace the specified plants associated with the case of infection concerned, including those which were moved before the establishment of the demarcated area. 4.Within the demarcated area, the competent authorities shall raise awareness amongst professional operators concerning the threat of the specified pest, and the measures adopted to eradicate it and to prevent its spread outside of that area. They shall ensure that professional operators are aware of the delimitation of the demarcated area, the infested zone and the buffer zone, and of the provisions of this Regulation.

Article 6 Article 6 Eradication measures 1.Specified plants, which originate from an infested zone, shall be destroyed or processed under safe conditions to prevent any further spread of the specified pest. If it is no longer possible to determine the production site from which infected specified plants originate, the entire lot in which the infected specified plants have been found shall be destroyed or processed under conditions which prevent any further spread of the specified pest. 2.In an infested zone, all of the following measures shall apply: (a) no specified plants shall be planted, grown or stored;(b) no other plants, intended for replanting outside the infested zone, shall be grown or stored, both in the ground or anywhere else;(c) soil shall be removed from plants other than those referred to in points (a) and (b), by appropriate methods ensuring that there is no identifiable risk of spreading the specified pest, before these plants are moved from the infested zone into the buffer zone, or out of the demarcated area, or immediately after;(d) machinery shall be cleaned from soil and plant debris, before or immediately after being moved out of the infested zone and before entering any production site located in the buffer zone or outside of the demarcated area;(e) any soil or debris originating from an infested zone may only be moved and used or deposited outside that zone under conditions ensuring that there is no identifiable risk of spreading the specified pest. 3.Plants other than those referred to in paragraph 2, points (a) and (b) from which soil has not been removed may only be moved out of the demarcated area if the following two conditions are fulfilled: (a) they are transported for the purpose of removing soil from those plants by appropriate methods ensuring that there is no identifiable risk of spreading the specified pest;(b) the transport and the removal of soil take place under official supervision, and appropriate measures have been put in place to effectively prevent the spread of the specified pest. 4.The competent authorities shall ensure that: (a) in the buffer zone, no plants intended for replanting outside the demarcated area are grown;(b) in the buffer zone, only specified plants are grown of a variety, which is resistant to the pathotypes of the specified pest found in the infested zone or to all pathotypes known to occur in their Member State, as provided for in Article 7, and other than for the production of specified plants for planting; and(c) any soil or debris originating from the buffer zone is moved and used or deposited outside the demarcated area under conditions, such that there is no identifiable risk of spreading the specified pest. 5.Member States shall notify those measures to the Commission and the other Member States, immediately after they have been taken.

Article 7 Article 7 Potato varieties resistant to pathotypes of the specified pest 1.A potato variety shall be designated as resistant to a particular pathotype of the specified pest, where it reacts to a contamination by the pathogenic agent of that pathotype in such a way that no resting spores are produced. 2.Testing for resistance shall be carried out in accordance with the protocol set out in Annex III. The degree of resistance of potato varieties shall be quantified in accordance with the standard scoring notation set out in the table in Annex III. 3.Member States shall notify to the Commission and the other Member States, each year by 31 January, a list of all new varieties of potatoes which they have authorised for marketing in the preceding year, and which they have found, by carrying out the testing referred to in paragraph 2, to be resistant to the specified pest. They shall state the varieties together with the pathotypes to which they are resistant, as well as the method used to determine that resistance.

Article 8 Article 8 Notification of the confirmed presence of the specified pest on a resistant potato variety 1.Professional operators, and any other person that become aware of any symptoms of the specified pest, resulting from a breakdown or change in the effectiveness of a resistant potato variety, which relates to a suspected change in the pathotype of the specified pest or a new pathotype, shall notify the competent authorities thereof. 2.In all cases reported pursuant to paragraph 1, the competent authorities shall investigate the pathotype involved, and confirm, using the methods set out in Annexes I and III, whether the presence is due to a change in the pathotype of the specified pest or to a new pathotype. 3.The competent authorities shall immediately record the information obtained pursuant to paragraphs 1 and 2. Member States shall notify to the Commission and the other Member States, each year by 31 January, the details of the confirmations made pursuant to paragraph 2 as regards the preceding year.

Article 9 Article 9 Revocation of the measures 1.The competent authorities may revoke the measures adopted pursuant to Article 6 concerning a demarcated area, where that demarcated area becomes free from the specified pest in accordance with the conditions set out in Annex IV. 2.Following the revocation of the measures pursuant to paragraph 1, the competent authorities shall inspect at harvest the first crop of specified plants, which are susceptible to the relevant pathotype of the specified pest. That first crop shall not be moved out of the demarcated area until that inspection is accomplished, unless the movement is carried out under the control of the competent authority. 3.By way of derogation from paragraph 1, and after a minimum of 10 years since the last detection of the specified pest in specific parts of the infested zone, the competent authorities may partially revoke the measures applicable in the respective parts of the demarcated areas concerned, in accordance with point 2 of Annex IV. 4.By way of derogation from Article 6(2), point (a), where the conditions for a partial revocation of the measures provided for in Article 6 are fulfilled, specified plants not intended for planting may be grown provided that they are of a variety which is resistant to the pathotypes of the specified pest found on the infested site of production or to all pathotypes known to occur in the Member State concerned.

(1) specified pest means Synchytrium endobioticum (Schilbersky) Percival;

Article 10 Article 10 Entry into force

(2) specified plants means plants of Solanum tuberosum L. other than seeds.

The competent authorities shall carry out annual, risk-based surveys for the presence of the specified pest, at least by visual inspection, of tubers in the production sites where specified plants are grown or stored.

In case of suspicion of the infection of specified plants by the specified pest, samples shall be taken and tested for the presence of the specified pest, using the methods set out in Annex I.

Member States shall report to the Commission and the other Member States, by 30 April of each year, the results of the surveys referred to in paragraph 1, which were carried out in the preceding year. They shall report those results in accordance with the template set out in Annex II.

1. The competent authorities shall designate a production site as infested by the specified pest where the presence of the specified pest in that site has been officially confirmed by the tests referred to in Article 3(2).

2. Specified plants grown in a production site designated as infested by the specified pest or which have been in contact with soil in which the specified pest has been found shall be officially designated as infected.

Where the presence of the specified pest is officially confirmed, the competent authorities shall, without delay, demarcate an area in accordance with paragraph 2. They shall determine the pathotype using the methods laid down in point 5 of Annex I.

The demarcated area shall consist of:

(a) an infested zone, including at least the production site designated as infested; and

(b) a buffer zone, surrounding the infested zone.

The delimitation of the buffer zone referred to in the first subparagraph, point (b), shall be based on sound scientific principles, the biology of the specified pest, the level of infestation, the distribution and frequency of cultivation of specified plants in the area concerned, the environmental and geographical conditions, as well as the specific risk of spread of resting spores.

The competent authorities shall carry out appropriate investigations to identify the origin of the infection. They shall trace the specified plants associated with the case of infection concerned, including those which were moved before the establishment of the demarcated area.

Within the demarcated area, the competent authorities shall raise awareness amongst professional operators concerning the threat of the specified pest, and the measures adopted to eradicate it and to prevent its spread outside of that area. They shall ensure that professional operators are aware of the delimitation of the demarcated area, the infested zone and the buffer zone, and of the provisions of this Regulation.

Specified plants, which originate from an infested zone, shall be destroyed or processed under safe conditions to prevent any further spread of the specified pest. If it is no longer possible to determine the production site from which infected specified plants originate, the entire lot in which the infected specified plants have been found shall be destroyed or processed under conditions which prevent any further spread of the specified pest.

In an infested zone, all of the following measures shall apply:

(a) no specified plants shall be planted, grown or stored;

(b) no other plants, intended for replanting outside the infested zone, shall be grown or stored, both in the ground or anywhere else;

(c) soil shall be removed from plants other than those referred to in points (a) and (b), by appropriate methods ensuring that there is no identifiable risk of spreading the specified pest, before these plants are moved from the infested zone into the buffer zone, or out of the demarcated area, or immediately after;

(d) machinery shall be cleaned from soil and plant debris, before or immediately after being moved out of the infested zone and before entering any production site located in the buffer zone or outside of the demarcated area;

(e) any soil or debris originating from an infested zone may only be moved and used or deposited outside that zone under conditions ensuring that there is no identifiable risk of spreading the specified pest.

Plants other than those referred to in paragraph 2, points (a) and (b) from which soil has not been removed may only be moved out of the demarcated area if the following two conditions are fulfilled:

(a) they are transported for the purpose of removing soil from those plants by appropriate methods ensuring that there is no identifiable risk of spreading the specified pest;

(b) the transport and the removal of soil take place under official supervision, and appropriate measures have been put in place to effectively prevent the spread of the specified pest.

The competent authorities shall ensure that:

(a) in the buffer zone, no plants intended for replanting outside the demarcated area are grown;

(b) in the buffer zone, only specified plants are grown of a variety, which is resistant to the pathotypes of the specified pest found in the infested zone or to all pathotypes known to occur in their Member State, as provided for in Article 7, and other than for the production of specified plants for planting; and

(c) any soil or debris originating from the buffer zone is moved and used or deposited outside the demarcated area under conditions, such that there is no identifiable risk of spreading the specified pest.

Member States shall notify those measures to the Commission and the other Member States, immediately after they have been taken.

A potato variety shall be designated as resistant to a particular pathotype of the specified pest, where it reacts to a contamination by the pathogenic agent of that pathotype in such a way that no resting spores are produced.

Testing for resistance shall be carried out in accordance with the protocol set out in Annex III. The degree of resistance of potato varieties shall be quantified in accordance with the standard scoring notation set out in the table in Annex III.

Member States shall notify to the Commission and the other Member States, each year by 31 January, a list of all new varieties of potatoes which they have authorised for marketing in the preceding year, and which they have found, by carrying out the testing referred to in paragraph 2, to be resistant to the specified pest. They shall state the varieties together with the pathotypes to which they are resistant, as well as the method used to determine that resistance.

Professional operators, and any other person that become aware of any symptoms of the specified pest, resulting from a breakdown or change in the effectiveness of a resistant potato variety, which relates to a suspected change in the pathotype of the specified pest or a new pathotype, shall notify the competent authorities thereof.

In all cases reported pursuant to paragraph 1, the competent authorities shall investigate the pathotype involved, and confirm, using the methods set out in Annexes I and III, whether the presence is due to a change in the pathotype of the specified pest or to a new pathotype.

The competent authorities shall immediately record the information obtained pursuant to paragraphs 1 and 2.

Member States shall notify to the Commission and the other Member States, each year by 31 January, the details of the confirmations made pursuant to paragraph 2 as regards the preceding year.

The competent authorities may revoke the measures adopted pursuant to Article 6 concerning a demarcated area, where that demarcated area becomes free from the specified pest in accordance with the conditions set out in Annex IV.

Following the revocation of the measures pursuant to paragraph 1, the competent authorities shall inspect at harvest the first crop of specified plants, which are susceptible to the relevant pathotype of the specified pest. That first crop shall not be moved out of the demarcated area until that inspection is accomplished, unless the movement is carried out under the control of the competent authority.

By way of derogation from paragraph 1, and after a minimum of 10 years since the last detection of the specified pest in specific parts of the infested zone, the competent authorities may partially revoke the measures applicable in the respective parts of the demarcated areas concerned, in accordance with point 2 of Annex IV.

By way of derogation from Article 6(2), point (a), where the conditions for a partial revocation of the measures provided for in Article 6 are fulfilled, specified plants not intended for planting may be grown provided that they are of a variety which is resistant to the pathotypes of the specified pest found on the infested site of production or to all pathotypes known to occur in the Member State concerned.

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union .

HAS ADOPTED THIS REGULATION: