Establishment 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 adequate visual examinations and the use of traps with lures to attract the specified pest.

3. When, based on the results of the surveys referred to in Article 7 or the results of the investigations referred to in paragraph 2, it is concluded that the level of infestation by the specified pest is such that makes its eradication impossible, the competent authorities 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 II.

4. The demarcated areas shall consist of the following:

an infested zone including the area where the presence of the specified pest has been officially confirmed surrounded by at least a width of:

1 km in the case of a demarcated area for eradication of the specified pest;

3 km in the case of a demarcated area for containment of the specified pest; and

a buffer zone with a width of at least:

5 km beyond the boundary of the infested zone in the case of a demarcated area for eradication of the specified pest;

15 km beyond the boundary of the infested zone in the case of a demarcated area for containment of the specified pest.

5. The delimitation of the demarcated area shall take into account the scientific principles, the biology of the specified pest, the level of infestation, the particular distribution of the host plants in the area concerned and the evidence of establishment of the specified pest.

6. If the presence of the specified pest is confirmed outside the infested zone, eradication measures shall be taken in accordance with Article 9 and the delimitation of the infested zone and buffer zone shall be reviewed and modified accordingly.

Where the presence of the specified pest has been officially confirmed in the buffer zone of a demarcated area for containment, Articles 17 and 18 of Regulation (EU) 2016/2031 shall apply until the competent authorities evaluate the level of that infestation. In case eradication is not considered possible, paragraph 3 of this Article shall apply.

7. Within the demarcated areas the competent authorities shall raise public awareness concerning the threat of the specified pest and the measures adopted to prevent its further spread outside of those areas.

They shall ensure that the general public and professional operators are aware of the delimitation of the demarcated areas.

COMMISSION IMPLEMENTING REGULATION (EU) 2023/1584 of 1 August 2023 on measures to prevent the establishment and spread of ANNEX I ANNEX II ANNEX III