Pending: 32015D1204

23.7.2015 EN Official Journal of the European Union L 195/46
(1) On 19 December 2011 the Commission adopted Implementing Decision 2011/861/EU(2), granting a temporary derogation from the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 to take account of the special situation of Kenya with regard to tuna loins. By Commission Implementing Decision 2013/716/EU(3)an extension of that temporary derogation was granted until 30 September 2014.
(2) On 26 February 2015 Kenya requested a new derogation for the period from 1 January 2015 until 31 December 2015 for 2 000 tonnes of tuna loins. On 13 March 2015 Kenya submitted additional information relating to its request.
(3) According to the information provided by Kenya catches of raw originating tuna remain unusually low even compared to the normal seasonal variations and have led to a decrease in production of tuna loins. Kenya has pointed out the risk involved due to piracy during the supply of raw tuna. This abnormal situation makes it temporarily impossible for Kenya to comply with the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007.
(4) Kenya will benefit from an automatic derogation from the rules of origin for tuna loins of HS heading 1604 pursuant to Article 40(7) of the Origin Protocol attached to the EAC-EU Economic Partnership Agreement when that Agreement enters into force or is provisionally applied.
(5) In accordance with Article 4(2) of Regulation (EC) No 1528/2007 the rules of origin set out in Annex II to that Regulation and the derogations from them are to be superseded by the rules of the EAC-EU Economic Partnership Agreement, the entry into force or provisional application of which is expected to take place in 2016. Given that the overall situation, including the state of ratification of the EAC-EU Economic Partnership Agreement, will be reassessed in 2016, the derogation should apply until 31 December 2015.
(6) Taking into account the imports concerned, a temporary derogation from the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 would not cause serious injury to an established Union industry, provided that certain conditions relating to quantities, surveillance and duration are respected.
(7) Accordingly, a derogation should be granted to Kenya in respect of 2 000 tonnes of tuna loins for a period of one year.
(8) Commission Regulation (EEC) No 2454/93(4)lays down rules for the management of tariff quotas. Those rules should be applied to the management of the quantity in respect of which the derogation is granted by this decision.
(9) In order to allow efficient monitoring of the operation of the derogation, the authorities of Kenya should regularly communicate details of the EUR.1 movement certificates issued, to the Commission.
(10) To ensure a regular supply of tuna loins from Kenya to the Union and an optimal utilisation of the derogation quota, and to limit possible trade disruption after the expiry of the previous derogation, a new derogation should be granted with retroactive effect from 1 January 2015.
(11) The measures provided for in this Decision are in accordance with the opinion of the Customs Code Committee,
Order No CN code Description of goods Period Quantities
09.1667 1604 14 36 Tuna loins 1.1.2015 to 31.12.2015 2 000 tonnes
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1528/2007 of 20 December 2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of Economic Partnership Agreements(1), and in particular Article 36(1)(a) of Annex II thereof,
(1) On 19 December 2011 the Commission adopted Implementing Decision 2011/861/EU(2), granting a temporary derogation from the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 to take account of the special situation of Kenya with regard to tuna loins. By Commission Implementing Decision 2013/716/EU(3)an extension of that temporary derogation was granted until 30 September 2014.
(2) On 26 February 2015 Kenya requested a new derogation for the period from 1 January 2015 until 31 December 2015 for 2 000 tonnes of tuna loins. On 13 March 2015 Kenya submitted additional information relating to its request.
(3) According to the information provided by Kenya catches of raw originating tuna remain unusually low even compared to the normal seasonal variations and have led to a decrease in production of tuna loins. Kenya has pointed out the risk involved due to piracy during the supply of raw tuna. This abnormal situation makes it temporarily impossible for Kenya to comply with the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007.
(4) Kenya will benefit from an automatic derogation from the rules of origin for tuna loins of HS heading 1604 pursuant to Article 40(7) of the Origin Protocol attached to the EAC-EU Economic Partnership Agreement when that Agreement enters into force or is provisionally applied.
(5) In accordance with Article 4(2) of Regulation (EC) No 1528/2007 the rules of origin set out in Annex II to that Regulation and the derogations from them are to be superseded by the rules of the EAC-EU Economic Partnership Agreement, the entry into force or provisional application of which is expected to take place in 2016. Given that the overall situation, including the state of ratification of the EAC-EU Economic Partnership Agreement, will be reassessed in 2016, the derogation should apply until 31 December 2015.
(6) Taking into account the imports concerned, a temporary derogation from the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 would not cause serious injury to an established Union industry, provided that certain conditions relating to quantities, surveillance and duration are respected.
(7) Accordingly, a derogation should be granted to Kenya in respect of 2 000 tonnes of tuna loins for a period of one year.
(8) Commission Regulation (EEC) No 2454/93(4)lays down rules for the management of tariff quotas. Those rules should be applied to the management of the quantity in respect of which the derogation is granted by this decision.
(9) In order to allow efficient monitoring of the operation of the derogation, the authorities of Kenya should regularly communicate details of the EUR.1 movement certificates issued, to the Commission.
(10) To ensure a regular supply of tuna loins from Kenya to the Union and an optimal utilisation of the derogation quota, and to limit possible trade disruption after the expiry of the previous derogation, a new derogation should be granted with retroactive effect from 1 January 2015.
(11) The measures provided for in this Decision are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS DECISION:

Article 1
By way of derogation from Annex II to Regulation (EC) No 1528/2007 and in accordance with Article 36(1)(a) of that Annex, tuna loins of HS heading 1604 manufactured from non-originating tuna of HS Heading 0303 shall be regarded as originating in Kenya in accordance with the terms set out in this Decision.

Article 2
The derogation provided for in Article 1 shall apply to the goods and the quantities set out in the Annex which are declared for release for free circulation in the Union from Kenya during the period from 1 January 2015 to 31 December 2015.

Article 3
The quantities set out in the Annex to this Decision shall be managed in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

Article 4
The customs authorities of Kenya shall take the necessary measures to carry out quantitative checks on exports of the goods referred to in Article 1.
Before the end of the month following each quarter, the competent authorities of Kenya shall forward to the Commission a quarterly statement of the quantities in respect of which EUR.1 movement certificates have been issued pursuant to this Decision and the serial numbers of those certificates.

Article 5
Box 7 of EUR.1 movement certificates issued for goods falling under this Decision shall contain the following:
‘Derogation — Commission Implementing Decision 2015/…/EU’.

Article 6
This Decision shall enter into force on the day of its publication.
It shall apply from 1 January 2015 until 31 December 2015.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1528/2007 of 20 December 2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of Economic Partnership Agreements(1), and in particular Article 36(1)(a) of Annex II thereof,
(1) On 19 December 2011 the Commission adopted Implementing Decision 2011/861/EU(2), granting a temporary derogation from the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 to take account of the special situation of Kenya with regard to tuna loins. By Commission Implementing Decision 2013/716/EU(3)an extension of that temporary derogation was granted until 30 September 2014.
(2) On 26 February 2015 Kenya requested a new derogation for the period from 1 January 2015 until 31 December 2015 for 2 000 tonnes of tuna loins. On 13 March 2015 Kenya submitted additional information relating to its request.
(3) According to the information provided by Kenya catches of raw originating tuna remain unusually low even compared to the normal seasonal variations and have led to a decrease in production of tuna loins. Kenya has pointed out the risk involved due to piracy during the supply of raw tuna. This abnormal situation makes it temporarily impossible for Kenya to comply with the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007.
(4) Kenya will benefit from an automatic derogation from the rules of origin for tuna loins of HS heading 1604 pursuant to Article 40(7) of the Origin Protocol attached to the EAC-EU Economic Partnership Agreement when that Agreement enters into force or is provisionally applied.
(5) In accordance with Article 4(2) of Regulation (EC) No 1528/2007 the rules of origin set out in Annex II to that Regulation and the derogations from them are to be superseded by the rules of the EAC-EU Economic Partnership Agreement, the entry into force or provisional application of which is expected to take place in 2016. Given that the overall situation, including the state of ratification of the EAC-EU Economic Partnership Agreement, will be reassessed in 2016, the derogation should apply until 31 December 2015.
(6) Taking into account the imports concerned, a temporary derogation from the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 would not cause serious injury to an established Union industry, provided that certain conditions relating to quantities, surveillance and duration are respected.
(7) Accordingly, a derogation should be granted to Kenya in respect of 2 000 tonnes of tuna loins for a period of one year.
(8) Commission Regulation (EEC) No 2454/93(4)lays down rules for the management of tariff quotas. Those rules should be applied to the management of the quantity in respect of which the derogation is granted by this decision.
(9) In order to allow efficient monitoring of the operation of the derogation, the authorities of Kenya should regularly communicate details of the EUR.1 movement certificates issued, to the Commission.
(10) To ensure a regular supply of tuna loins from Kenya to the Union and an optimal utilisation of the derogation quota, and to limit possible trade disruption after the expiry of the previous derogation, a new derogation should be granted with retroactive effect from 1 January 2015.
(11) The measures provided for in this Decision are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS DECISION:
By way of derogation from Annex II to Regulation (EC) No 1528/2007 and in accordance with Article 36(1)(a) of that Annex, tuna loins of HS heading 1604 manufactured from non-originating tuna of HS Heading 0303 shall be regarded as originating in Kenya in accordance with the terms set out in this Decision.
The derogation provided for in Article 1 shall apply to the goods and the quantities set out in the Annex which are declared for release for free circulation in the Union from Kenya during the period from 1 January 2015 to 31 December 2015.
The quantities set out in the Annex to this Decision shall be managed in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.
The customs authorities of Kenya shall take the necessary measures to carry out quantitative checks on exports of the goods referred to in Article 1.
Before the end of the month following each quarter, the competent authorities of Kenya shall forward to the Commission a quarterly statement of the quantities in respect of which EUR.1 movement certificates have been issued pursuant to this Decision and the serial numbers of those certificates.
Box 7 of EUR.1 movement certificates issued for goods falling under this Decision shall contain the following:
‘Derogation — Commission Implementing Decision 2015/…/EU’.
This Decision shall enter into force on the day of its publication.
It shall apply from 1 January 2015 until 31 December 2015.
ANNEX
Order No | CN code | Description of goods | Period | Quantities
09.1667 | 1604 14 36 | Tuna loins | 1.1.2015 to 31.12.2015 | 2 000 tonnes

Pending: 32015D1049

Pending: 32015D1048

Pending: 32015D1047

Pending: 32015D1046

Pending: 32015D1045

Pending: 32015D0789

21.5.2015 EN Official Journal of the European Union L 125/36
(1) In view of the audits carried out by the Commission and notifications of new outbreaks by the Italian authorities the measures provided for in Commission Implementing Decision 2014/87/EU(2)should be strengthened.
(2) The European Food Safety Authority (hereinafter ‘the Authority’) published on 6 January 2015 a Scientific Opinion on the risk to plant health posed byXylella fastidiosa(Wells et al.) (hereinafter ‘the specified organism’) in the EU territory, with the identification and evaluation of risk reduction options(3). That Opinion identified a list of plant species susceptible to the European and non-European isolates of the specified organism. In addition, on 20 March 2015, the Authority published a scientific report on the categorisation of those plants for planting, excluding seeds, according to the risk of introduction of the specified organism. The report categorises the plant species which have been so far confirmed to be susceptible to the European and non-European isolates of the specified organism by natural infection, experimental infection via vector transmission, or unknown type of infection (hereinafter ‘specified plants’). That list is longer than the list set out in Commission Implementing Decision 2014/497/EU(4). Therefore, it is appropriate that this Decision applies to a longer list of species than Implementing Decision 2014/497/EU. However, in order to ensure proportionality some measures should only apply to plant species susceptible to the European isolates of the specified organism (hereinafter ‘host plants’). In this regard, while the EFSA Opinion of 6 January 2015 points to the uncertainty as regards the range of plant species since research is still ongoing, the results of the investigations carried out by the Italian authorities have confirmed the capacity of certain specified plants to be ‘host plants’.
(3) Member States should carry out annual surveys for the presence of the specified organism in their territories and should ensure that professional operators are informed about its potential presence and the measures to be taken.
(4) In order to eradicate the specified organism and prevent its further spread in the rest of the Union, Member States should establish demarcated areas consisting of an infected zone and a buffer zone, and apply eradication measures. In view of the current situation in the South of Italy, the infected zone of the demarcated area established by the Italian authorities should, at least, cover the entire province of Lecce. In order to minimise the risk of the specified organism spreading outside the demarcated area (infected zone), the buffer zone should be 10 km wide.
(5) In cases of isolated occurrences of the specified organism the establishment of a demarcated area should not be required if the specified organism can be eliminated from the plants where it was found to be present. In such cases, immediate action should be taken to ascertain whether other plants have been infected.
(6) Taking into account the epidemiology of the specified organism, and the risk of further spreading in the rest of the Union, the planting in the infected zone of the host plants should be prohibited, except in sites which are physically protected against the introduction of the specified organism by its vectors. This is important also to prevent infection of the host plants by the specified organism within the demarcated area.
(7) In the province of Lecce, the specified organism is already widely established. Where evidence shows that in certain parts of that area the specified organism has been present for more than 2 years and it is no longer possible to eradicate it, the responsible official body should have the possibility to apply containment measures, instead of eradication measures, to protect at least production sites, plants with particular cultural, social or scientific value, as well as the border with the rest of the Union territory. The containment measures should aim to minimise the amount of bacterial inoculum in that area and keep the vector population at the lowest level possible.
(8) In order to ensure effective protection of the rest of the Union territory from the specified organism, taking into account the possible spread of the specified organism by natural and human assisted means other than the movement of the specified plants for planting, it is appropriate to establish a surveillance zone immediately outside the buffer zone surrounding the infected zone of the province of Lecce.
(9) Plants known to be susceptible to the specified organism which have been grown for at least part of their life in a demarcated area or which have been moved through such an area are more likely to have been infected with the specified organism. Movement of those plants should therefore be subject to specific requirements aimed at preventing the further spread of the specified organism. To facilitate the early detection of the potential presence of the specified organism outside the demarcated area, traceability requirements should be set for movement of plants known to be susceptible to the specified organism outside the demarcated areas.
(10) In order to allow a follow up inspection at destination of plants for planting moved out of the demarcated areas, the responsible official body of the place of origin and the responsible official body of the place of destination should be immediately informed by the professional operators of the movement of each lot of the specified plants which have been grown at least part of their lives in a demarcated area.
(11) In order to ensure close monitoring of the movement of plants for planting originating in the demarcated areas and to provide an effective overview of the sites where the phytosanitary risk due to the specified organism is high, the Commission and the Member States should have access to information concerning the production sites located in the demarcated areas. Therefore, Member States should establish and update a list of all sites located in the demarcated areas in their territory in which specified plants have been grown and communicate that list to the Commission and the other Member States. The Commission should make available a compilation of those lists to the Member States.
(12) Official checks should be carried out in order to ensure that specified plants are only moved out of the demarcated areas in accordance with the requirements set out in this Decision.
(13) Taking into account the nature of the specified organism, specified plants originating in a third country where the specified organism is not present should, when introduced into the Union, be accompanied by a phytosanitary certificate including an additional declaration stating that that country is free from the specified organism.
(14) In order to ensure that specified plants introduced into the Union from third countries, where the specified organism is known to be present, are free from the specified organism, the requirements for their introduction into the Union should be similar to those set out for movement of specified plants originating in demarcated areas.
(15) Since October 2014, numerous plants for planting, other than seeds, ofCoffea, originating in Costa Rica or in Honduras, have been intercepted in the Union with the presence of the specified organism. It is therefore concluded that the phytosanitary certification procedures of Costa Rica or Honduras are insufficient to ensure that consignments of plants ofCoffeaare free from the specified organism. Consequently, given the high probability of establishment of the specified organism in the Union, the absence of any effective treatment once the specified plants are infected, as well as the major economic consequences for the Union, the introduction into the Union of plants for planting ofCoffea, other than seeds, originating in Costa Rica or Honduras should be prohibited.
(16) Implementing Decision 2014/497/EU should be repealed.
(17) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
(a) ‘specified organism’ means European and non-European isolates ofXylella fastidiosa(Wells et al.);
(b) ‘specified plants’ means all plants for planting, other than seeds, belonging to the genera or species listed in Annex I;
(c) ‘host plants’ means all specified plants belonging to the genera or species listed in Annex II;
(d) ‘professional operator’ means any person involved professionally in one or more of the following activities concerning plants:(i)planting;(ii)breeding;(iii)production, including growing, multiplying and maintaining;(iv)introduction into, and movement within, and out of the Union territory;(v)making available on the market. (i) planting; (ii) breeding; (iii) production, including growing, multiplying and maintaining; (iv) introduction into, and movement within, and out of the Union territory; (v) making available on the market.
(i) planting;
(ii) breeding;
(iii) production, including growing, multiplying and maintaining;
(iv) introduction into, and movement within, and out of the Union territory;
(v) making available on the market.
(i) planting;
(ii) breeding;
(iii) production, including growing, multiplying and maintaining;
(iv) introduction into, and movement within, and out of the Union territory;
(v) making available on the market.
(a) there is evidence that the specified organism was recently introduced into the area with the plants on which it was found;
(b) there is an indication that those plants were infected before their introduction into the area concerned;
(c) no vectors carrying the specified organism have been detected, on the basis of tests carried out in accordance with internationally validated testing methods, in the vicinity of those plants.
(a) carry out an annual survey for at least 2 years to determine whether any plants have been infected other than those on which the specified organism was first found to be present;
(b) on the basis of that survey, determine whether there is a need to establish a demarcated area;
(c) notify to the Commission and the other Member States the justification for not establishing a demarcated area, and the outcome of the survey referred to in point (a) as soon as they become available.
(a) host plants, regardless of their health status;
(b) plants known to be infected by the specified organism;
(c) plants showing symptoms indicating possible infection by that organism or suspected to be infected by that organism.
(a) in the proximity of the sites referred to in Article 9(2);
(b) in the proximity of the sites of plants with particular cultural, social or scientific value;
(c) within a distance of 20 km from the border of the containment area with the rest of the Union territory.
(a) it is registered in accordance with Commission Directive 92/90/EEC(9);
(b) it is authorised by the responsible official body as a site free from the specified organism and its vectors, taking into account the relevant International Standards for Phytosanitary Measures;
(c) it is physically protected against the introduction of the specified organism by its vectors;
(d) it is surrounded by a zone with a width of 200 meters which has been found by official visual inspection and, in the case of suspected presence of the specified organism, by sampling and testing, to be free from the specified organism, and is subject to appropriate phytosanitary treatments against the vectors of the specified organism; those treatments may include, as appropriate, removal of plants;
(e) it is subject to appropriate phytosanitary treatments to maintain freedom from vectors of the specified organism; those treatments may include, as appropriate, removal of plants;
(f) it is subjected annually, together with the zone referred to in point (d), to at least two official inspections carried out at appropriate times;
(g) throughout the time of growth of the specified plants, neither symptoms of the specified organism nor its vectors were found in the site or, if suspect symptoms were observed, tests carried out confirmed the absence of the specified organism;
(h) throughout the time of growth of the specified plants, no symptoms of the specified organism were found in the zone referred to in point (d) or, if suspect symptoms were observed, testing has been undertaken and absence of the specified organism has been confirmed.
(a) the points where the specified plants are moved from infected zones into buffer zones;
(b) the points where the specified plants are moved from buffer zones into non-demarcated areas;
(c) the place of destination of the specified plants in the buffer zone;
(d) the place of destination in the non-demarcated areas.
(a) a report on the measures taken pursuant to Articles 3, 4, 6, 7, 8 and 11 and on the results of those measures;
(b) a plan about the measures, including the scheduled time period of each measure, to be taken pursuant to Articles 3, 4, 6, 7, 8 and 11 in the following year.
(a) the national plant protection organisation of the third country concerned has communicated in writing to the Commission that the specified organism is not present in the country;
(b) the specified plants are accompanied by a phytosanitary certificate, as referred to in Article 13(1)(ii) of Directive 2000/29/EC, stating under the rubric ‘Additional Declaration’ that the specified organism is not present in the country;
(c) on entry into the Union the specified plants have been checked by the responsible official body in accordance with Article 18(2) and neither presence nor symptoms of the specified organism have been found.
(a) they are accompanied by a phytosanitary certificate, as referred to in Article 13(1)(ii) of Directive 2000/29/EC;
(b) they comply with paragraph 2 or with paragraphs 3 and 4;
(c) on entry into the Union they have been checked by the responsible official body in accordance with Article 18 and neither presence nor symptoms of the specified organism have been found.
(a) the national plant protection organisation of the third country concerned has communicated in writing to the Commission the name of that area;
(b) the name of that area is stated in the phytosanitary certificate under the rubric ‘place of origin’.
(a) the specified plants have been produced in one or more sites fulfilling the conditions set out in paragraph 4;
(b) the national plant protection organisation of the third country concerned has communicated in writing to the Commission the list of those sites, including their location within the country;
(c) phytosanitary treatments against the vectors of the specified organism are applied in the site and its zone as referred to in paragraph 4(c);
(d) representative samples of each species of specified plants from each site have been subject to annual testing, at the most appropriate time, and the absence of the specified organism has been confirmed on the basis of tests carried out in accordance with internationally validated testing methods;
(e) the specified plants have been transported in closed containers or packaging, ensuring that infection with the specified organism or any of its known vectors cannot occur;
(f) as practically close to the time of export as possible, the lots of the specified plants were subjected to official visual inspection, sampling and molecular testing, carried out in accordance with internationally validated testing methods, confirming the absence of the specified organism, using a sampling scheme able to identify with 99 % reliability a level of presence of infected plants of 1 % or above and targeted especially at plants displaying suspect symptoms of the specified organism;
(g) immediately prior to export, the lots of the specified plants were subjected to phytosanitary treatments against any of the known vectors of the specified organism.
(a) it is authorised by the national plant protection organisation as free from the specified organism and its vectors, in accordance with the relevant International Standards for Phytosanitary Measures;
(b) it is physically protected against the introduction of the specified organism by its vectors;
(c) it is surrounded by a zone with a width of 200 meters which has been found by official visual inspection, and, in case of suspicion of the presence of the specified organism, by sampling and testing, to be free from the specified organism, and is subject to appropriate phytosanitary treatments against the vectors of the specified organism; those treatments may include, as appropriate, removal of plants;
(d) it is subject to phytosanitary treatments that aim to maintain freedom from vectors of the specified organism; those treatments may include, as appropriate, removal of plants;
(e) it is subjected annually, together with the zone referred to in point (c), to at least two official inspections carried out at appropriate times;
(f) throughout the production time of the specified plants, neither symptoms of the specified organism nor its vectors were found in the site, or, if suspect symptoms were observed, testing has been undertaken and absence of the specified organism has been confirmed;
(g) throughout the production time of the specified plants, no symptoms of the specified organism were found in the zone referred to in point (c) or, if suspect symptoms were observed, testing has been undertaken and absence of the specified organism has been confirmed.
(a) a visual inspection; and
(b) in the case of suspicion of the presence of the specified organism, sampling and testing of the lot of the specified plants to confirm the absence of the specified organism or its symptoms.
(a) a visual inspection; and
(b) sampling and testing of the lot of the specified plants to confirm the absence of the specified organism or its symptoms.
Acacia longifolia(Andrews) Willd.
Acacia saligna(Labill.) H. L. Wendl.
Acer
Aesculus
Agrostis giganteaRoth
Albizia julibrissinDurazz.
Alnus rhombifoliaNutt.
Alternanthera tenellaColla
Amaranthus blitoidesS. Watson
Ambrosia acanthicarpaHook.
Ambrosia artemisiifoliaL.
Ambrosia trifidaL.
Ampelopsis arborea(L.) Koehne
Ampelopsis cordataMichx.
Artemisia douglasianaHook.
Artemisia vulgarisvar.heterophylla(H.M. Hall & Clements) Jepson
Avena fatuaL.
Baccharis halimifoliaL.
Baccharis pilularisDC.
Baccharis salicifolia(Ruiz & Pav.)
Bidens pilosaL.
Brachiaria decumbens(Stapf)
Brachiaria plantaginea(Link) Hitchc.
Brassica
Bromus diandrusRoth
Callicarpa americanaL.
Capsella bursa-pastoris(L.) Medik.
Carex
Carya illinoinensis(Wangenh.) K. Koch
Cassia tora(L.) Roxb.
Catharanthus
Celastrus orbiculataThunb.
Celtis occidentalisL.
Cenchrus echinatusL.
Cercis canadensisL.
Cercis occidentalisTorr.
Chamaecrista fasciculata(Michx.) Greene
Chenopodium quinoaWilld.
Chionanthus
Chitalpa tashkinensisT. S. Elias & Wisura
Citrus
Coelorachis cylindrica(Michx.) Nash
Coffea
Commelina benghalensisL.
Conium maculatumL.
Convolvulus arvensisL.
Conyza canadensis(L.) Cronquist
Cornus floridaL.
Coronopus didymus(L.) Sm.
Cynodon dactylon(L.) Pers.
Cyperus eragrostisLam.
Cyperus esculentusL.
Cytisus scoparius(L.) Link
Datura wrightiiRegel
Digitaria horizontalisWilld.
Digitaria insularis(L.) Ekman
Digitaria sanguinalis(L.) Scop.
Disphania ambrosioides(L.) Mosyakin & Clemants
Duranta erectaL.
Echinochloa crus-galli(L.) P. Beauv.
Encelia farinosaA. Gray ex Torr.
Eriochloa contractaHitchc.
Erodium
Escallonia montevidensisLink & Otto
Eucalyptus camaldulensisDehnh.
Eucalyptus globulusLabill.
Eugenia myrtifoliaSims
Euphorbia hirtaL.
Fagus crenataBlume
Ficus caricaL.
Fragaria vescaL.
Fraxinus americanaL.
Fraxinus dipetalaHook. & Arn.
Fraxinus latifoliaBenth.
Fraxinus pennsylvanicaMarshall
Fuchsia magellanicaLam.
Genista monspessulana(L.) L. A. S. Johnson
Geranium dissectumL.
Ginkgo bilobaL.
Gleditsia triacanthosL.
Hedera helixL.
Helianthus annuusL.
Hemerocallis
Heteromeles arbutifolia(Lindl.) M. Roem.
Hibiscus schizopetalus(Masters) J.D. Hooker
Hibiscus syriacusL.
Hordeum murinumL.
Hydrangea paniculataSiebold
Ilex vomitoriaSol. ex Aiton
Ipomoea purpurea(L.) Roth
Iva annuaL.
Jacaranda mimosifoliaD. Don
Juglans
Juniperus asheiJ. Buchholz
Koelreuteria bipinnataFranch.
Lactuca serriolaL.
Lagerstroemia indicaL.
Lavandula dentataL.
Ligustrum lucidumL.
Lippia nodiflora(L.) Greene
Liquidambar styracifluaL.
Liriodendron tulipiferaL.
Lolium perenneL.
Lonicera japonica(L.) Thunb.
Ludwigia grandiflora(Michx.) Greuter & Burdet
Lupinus aridorumMcFarlin ex Beckner
Lupinus villosusWilld.
Magnolia grandifloraL.
Malva
Marrubium vulgareL.
Medicago polymorphaL.
Medicago sativaL.
Melilotus
Melissa officinalisL.
Metrosideros
Modiola caroliniana(L.) G. Don
Montia linearis(Hook.) Greene
Morus
Myrtus communisL.
Nandina domesticaMurray
Neptunia lutea(Leavenw.) Benth.
Nerium oleanderL.
Nicotiana glaucaGraham
Olea europaeaL.
Origanum majoranaL.
Paspalum dilatatumPoir.
Persea americanaMill.
Phoenix reclinataJacq.
Phoenix roebeleniiO'Brien
Pinus taedaL.
Pistacia veraL.
Plantago lanceolataL.
Platanus
Pluchea odorata(L.) Cass.
Poa annuaL.
Polygala myrtifoliaL.
Polygonum arenastrumBoreau
Polygonum lapathifolium(L.) Delarbre
Polygonum persicariaGray
Populus fremontiiS. Watson
Portulaca
Prunus
Pyrus pyrifolia(Burm. f.) Nakai
Quercus
Ranunculus repensL.
Ratibida columnifera(Nutt.) Wooton & Standl.
Rhamnus alaternusL.
Rhus diversilobaTorr. & A. Gray
Rosa californicaCham. & Schldl.
Rosmarinus officinalisL.
Rubus
Rumex crispusL.
Salix
Salsola tragusL.
Salvia melliferaGreene
Sambucus
Sapindus saponariaL.
Schinus molleL.
Senecio vulgarisL.
Setaria magnaGriseb.
Silybum marianum(L.) Gaertn.
Simmondsia chinensis(Link) C. K. Schneid.
Sisymbrium irioL.
Solanum americanumMill.
Solanum elaeagnifoliumCav.
Solidago virgaureaL.
Sonchus
Sorghum
Spartium junceumL.
Spermacoce latifoliaAubl.
Stellaria media(L.) Vill.
Tillandsia usneoides(L.) L.
Toxicodendron diversilobum(Torr. & A. Gray) Greene
Trifolium repensL.
Ulmus americanaL.
Ulmus crassifoliaNutt.
Umbellularia californica(Hook. & Arn.) Nutt.
Urtica dioicaL.
Urtica urensL.
Vaccinium
Verbena litoralisKunth
Veronica
Vicia fabaL.
Vinca
Vitis
Westringia fruticosa(Willd.) Druce
Xanthium spinosumL.
Xanthium strumariumL.
Acacia saligna(Labill.) Wendl.
Catharanthus
Myrtus communisL.
Nerium oleanderL.
Olea europaeaL.
Polygala myrtifoliaL.
Prunus avium(L.) L.
Prunus dulcis(Mill.) D.A. Webb
Rhamnus alaternusL.
Rosmarinus officinalisL.
Spartium junceumL.
Vinca
Westringia fruticosa(Willd.) Druce
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), and in particular the fourth sentence of Article 16(3) thereof,
(1) In view of the audits carried out by the Commission and notifications of new outbreaks by the Italian authorities the measures provided for in Commission Implementing Decision 2014/87/EU(2)should be strengthened.
(2) The European Food Safety Authority (hereinafter ‘the Authority’) published on 6 January 2015 a Scientific Opinion on the risk to plant health posed byXylella fastidiosa(Wells et al.) (hereinafter ‘the specified organism’) in the EU territory, with the identification and evaluation of risk reduction options(3). That Opinion identified a list of plant species susceptible to the European and non-European isolates of the specified organism. In addition, on 20 March 2015, the Authority published a scientific report on the categorisation of those plants for planting, excluding seeds, according to the risk of introduction of the specified organism. The report categorises the plant species which have been so far confirmed to be susceptible to the European and non-European isolates of the specified organism by natural infection, experimental infection via vector transmission, or unknown type of infection (hereinafter ‘specified plants’). That list is longer than the list set out in Commission Implementing Decision 2014/497/EU(4). Therefore, it is appropriate that this Decision applies to a longer list of species than Implementing Decision 2014/497/EU. However, in order to ensure proportionality some measures should only apply to plant species susceptible to the European isolates of the specified organism (hereinafter ‘host plants’). In this regard, while the EFSA Opinion of 6 January 2015 points to the uncertainty as regards the range of plant species since research is still ongoing, the results of the investigations carried out by the Italian authorities have confirmed the capacity of certain specified plants to be ‘host plants’.
(3) Member States should carry out annual surveys for the presence of the specified organism in their territories and should ensure that professional operators are informed about its potential presence and the measures to be taken.
(4) In order to eradicate the specified organism and prevent its further spread in the rest of the Union, Member States should establish demarcated areas consisting of an infected zone and a buffer zone, and apply eradication measures. In view of the current situation in the South of Italy, the infected zone of the demarcated area established by the Italian authorities should, at least, cover the entire province of Lecce. In order to minimise the risk of the specified organism spreading outside the demarcated area (infected zone), the buffer zone should be 10 km wide.
(5) In cases of isolated occurrences of the specified organism the establishment of a demarcated area should not be required if the specified organism can be eliminated from the plants where it was found to be present. In such cases, immediate action should be taken to ascertain whether other plants have been infected.
(6) Taking into account the epidemiology of the specified organism, and the risk of further spreading in the rest of the Union, the planting in the infected zone of the host plants should be prohibited, except in sites which are physically protected against the introduction of the specified organism by its vectors. This is important also to prevent infection of the host plants by the specified organism within the demarcated area.
(7) In the province of Lecce, the specified organism is already widely established. Where evidence shows that in certain parts of that area the specified organism has been present for more than 2 years and it is no longer possible to eradicate it, the responsible official body should have the possibility to apply containment measures, instead of eradication measures, to protect at least production sites, plants with particular cultural, social or scientific value, as well as the border with the rest of the Union territory. The containment measures should aim to minimise the amount of bacterial inoculum in that area and keep the vector population at the lowest level possible.
(8) In order to ensure effective protection of the rest of the Union territory from the specified organism, taking into account the possible spread of the specified organism by natural and human assisted means other than the movement of the specified plants for planting, it is appropriate to establish a surveillance zone immediately outside the buffer zone surrounding the infected zone of the province of Lecce.
(9) Plants known to be susceptible to the specified organism which have been grown for at least part of their life in a demarcated area or which have been moved through such an area are more likely to have been infected with the specified organism. Movement of those plants should therefore be subject to specific requirements aimed at preventing the further spread of the specified organism. To facilitate the early detection of the potential presence of the specified organism outside the demarcated area, traceability requirements should be set for movement of plants known to be susceptible to the specified organism outside the demarcated areas.
(10) In order to allow a follow up inspection at destination of plants for planting moved out of the demarcated areas, the responsible official body of the place of origin and the responsible official body of the place of destination should be immediately informed by the professional operators of the movement of each lot of the specified plants which have been grown at least part of their lives in a demarcated area.
(11) In order to ensure close monitoring of the movement of plants for planting originating in the demarcated areas and to provide an effective overview of the sites where the phytosanitary risk due to the specified organism is high, the Commission and the Member States should have access to information concerning the production sites located in the demarcated areas. Therefore, Member States should establish and update a list of all sites located in the demarcated areas in their territory in which specified plants have been grown and communicate that list to the Commission and the other Member States. The Commission should make available a compilation of those lists to the Member States.
(12) Official checks should be carried out in order to ensure that specified plants are only moved out of the demarcated areas in accordance with the requirements set out in this Decision.
(13) Taking into account the nature of the specified organism, specified plants originating in a third country where the specified organism is not present should, when introduced into the Union, be accompanied by a phytosanitary certificate including an additional declaration stating that that country is free from the specified organism.
(14) In order to ensure that specified plants introduced into the Union from third countries, where the specified organism is known to be present, are free from the specified organism, the requirements for their introduction into the Union should be similar to those set out for movement of specified plants originating in demarcated areas.
(15) Since October 2014, numerous plants for planting, other than seeds, ofCoffea, originating in Costa Rica or in Honduras, have been intercepted in the Union with the presence of the specified organism. It is therefore concluded that the phytosanitary certification procedures of Costa Rica or Honduras are insufficient to ensure that consignments of plants ofCoffeaare free from the specified organism. Consequently, given the high probability of establishment of the specified organism in the Union, the absence of any effective treatment once the specified plants are infected, as well as the major economic consequences for the Union, the introduction into the Union of plants for planting ofCoffea, other than seeds, originating in Costa Rica or Honduras should be prohibited.
(16) Implementing Decision 2014/497/EU should be repealed.
(17) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS DECISION:

Definitions
Article 1
For the purposes of this Decision, the following definitions shall apply:
(a)
‘specified organism’ means European and non-European isolates ofXylella fastidiosa(Wells et al.);
(b)
‘specified plants’ means all plants for planting, other than seeds, belonging to the genera or species listed in Annex I;
(c)
‘host plants’ means all specified plants belonging to the genera or species listed in Annex II;
(d)
‘professional operator’ means any person involved professionally in one or more of the following activities concerning plants:
(i)
planting;
(ii)
breeding;
(iii)
production, including growing, multiplying and maintaining;
(iv)
introduction into, and movement within, and out of the Union territory;
(v)
making available on the market.

Detection or suspected presence of the specified organism
Article 2
1. Any person who suspects or becomes aware of the presence of the specified organism shall immediately inform the responsible official body and provide it with all relevant information concerning the presence, or suspected presence, of the specified organism.
2. The responsible official body shall immediately record such information.
3. Where the responsible official body has been informed of a presence, or suspected presence, of the specified organism it shall take all necessary measures to confirm that presence, or the suspected presence.
4. Member States shall ensure that any person having under its control plants which may be infected with the specified organism is immediately informed of the presence or the suspected presence of the specified organism, of the possible consequences and risks and of the measures to be taken.

Surveys of the specified organism in the territories of the Member States
Article 3
Member States shall conduct annual surveys for the presence of the specified organism in their territory on the specified plants.
Those surveys shall be carried out by the responsible official body, or under official supervision of the responsible official body. They shall consist of visual examinations and, in the case of any suspicion of infection by the specified organism, collection of samples and testing. Those surveys shall be based on sound scientific and technical principles and shall be carried out at appropriate times of the year with regard to the possibility to detect the specified organism. Those surveys shall take account of the available scientific and technical evidence, the biology of the specified organism and its vectors, the presence and biology of specified plants, and any other appropriate information, concerning the presence of the specified organism.

Establishment of demarcated areas
Article 4
1. Where the presence of the specified organism is confirmed, the Member State concerned shall without delay demarcate an area in accordance with paragraph 2, hereinafter ‘demarcated area’.
2. The demarcated area shall consist of an infected zone and a buffer zone.
The infected zone shall include all plants known to be infected by the specified organism, all plants showing symptoms indicating possible infection by that organism, and all other plants liable to be infected by that organism due to their close proximity to infected plants, or common source of production, if known, with infected plants, or plants grown from them.
As regards the presence of the specified organism in the province of Lecce, the infected zone shall at least include that entire province.
The buffer zone shall be of a width of at least 10 km, surrounding the infected zone.
The exact delimitation of the zones shall be based on sound scientific principles, the biology of the specified organism and its vectors, the level of infection, the presence of the vectors, and the distribution of specified plants in the area concerned.
3. If the presence of the specified organism is confirmed in the buffer zone, the delimitation of the infected zone and buffer zone shall immediately be reviewed and changed accordingly.
4. On the basis of the notifications by Member States in accordance with Commission Implementing Decision 2014/917/EU(5), the Commission shall establish and update a list of the demarcated areas and communicate that list to the Member States.
5. Where based on the surveys referred to in Article 3 and on the monitoring referred to in paragraph 7 of Article 6 the specified organism is not detected in a demarcated area for a period of 5 years, this demarcation may be lifted. In such cases, the Member State concerned shall notify the Commission and other Member States.
6. By way of derogation from paragraph 1, the Member State may decide not to establish a demarcated area immediately where all of the following conditions are fulfilled:
(a)
there is evidence that the specified organism was recently introduced into the area with the plants on which it was found;
(b)
there is an indication that those plants were infected before their introduction into the area concerned;
(c)
no vectors carrying the specified organism have been detected, on the basis of tests carried out in accordance with internationally validated testing methods, in the vicinity of those plants.
7. In the case referred to in paragraph 6, the Member State shall:
(a)
carry out an annual survey for at least 2 years to determine whether any plants have been infected other than those on which the specified organism was first found to be present;
(b)
on the basis of that survey, determine whether there is a need to establish a demarcated area;
(c)
notify to the Commission and the other Member States the justification for not establishing a demarcated area, and the outcome of the survey referred to in point (a) as soon as they become available.

Prohibition concerning the planting of host plants in infected zones
Article 5
The planting of host plants in infected zones shall be prohibited, except in sites which are physically protected against the introduction of the specified organism by its vectors.

Eradication measures
Article 6
1. The Member State having established the demarcated area referred to in Article 4 shall take in that area the measures as set out in paragraphs 2 to 11.
2. The Member State concerned shall, within a radius of 100 m around the plants which have been tested and found to be infected by the specified organism, immediately remove:
(a)
host plants, regardless of their health status;
(b)
plants known to be infected by the specified organism;
(c)
plants showing symptoms indicating possible infection by that organism or suspected to be infected by that organism.
3. The Member State concerned shall sample and test the specified plants within a radius of 100 m around each of the infected plants, in accordance with the International Standard for Phytosanitary Measures ISPM No 31(6).
4. The Member State concerned shall carry out appropriate phytosanitary treatments prior to the removal of plants referred to in paragraph 2 against the vectors of the specified organism and plants that may host those vectors. Those treatments may include, as appropriate, removal of plants.
5. The Member State concerned shall,in situor in a nearby location designated for this purpose within the infected zone, destroy the plants and parts of plants referred to in paragraph 2, in a manner ensuring that the specified organism is not spread.
6. The Member State concerned shall carry out appropriate investigations to identify the origin of the infection. It shall trace the specified plants associated with the case of infection concerned, including those which were moved before a demarcated area was established. The results of such investigations shall be communicated to Member States in which those plants concerned originate, to the Member States through which those plants have moved and to the Member States where those plants have moved into.
7. The Member State concerned shall monitor the presence of the specified organism by annual surveys at appropriate times. It shall carry out visual inspections of the specified plants and sample and test symptomatic plants, as well as asymptomatic plants in the proximity of the symptomatic ones.
In buffer zones, the surveyed area shall be based on a grid split into 100 m × 100 m squares. Visual inspections shall take place in each of those squares.
8. The Member State concerned shall raise public awareness concerning the threat of the specified organism and concerning the measures adopted to prevent its introduction into and spread within the Union. It shall set up road signs indicating the delimitation of the respective demarcated area.
9. The Member State concerned shall, where necessary, take measures addressing any particularity or complication that could reasonably be expected to prevent, hinder or delay eradication, in particular those related to the accessibility and adequate destruction of all plants that are infected or suspected of infection, irrespective of their location, public or private ownership or the person or entity responsible for them.
10. The Member State concerned shall take any other measure, which may contribute to the eradication of the specified organism, in accordance with ISPM No 9(7)and applying an integrated approach in accordance with the principles set out in ISPM No 14(8).
11. The Member State concerned shall apply appropriate agricultural practices for the management of the specified organism and its vectors.

Containment measures
Article 7
1. By way of derogation from Article 6, only in the province of Lecce, the responsible official body of the Member State concerned may decide to apply containment measures, as set out in paragraphs 2 to 6, (hereinafter: ‘containment area’).
2. The Member State concerned shall immediately remove at least all plants which have been found to be infected by the specified organism if they are situated in any of the following locations:
(a)
in the proximity of the sites referred to in Article 9(2);
(b)
in the proximity of the sites of plants with particular cultural, social or scientific value;
(c)
within a distance of 20 km from the border of the containment area with the rest of the Union territory.
All necessary precautions shall be taken to avoid spreading of the specified organism during and after removal.
3. The Member State concerned shall, within a radius of 100 m around the plants referred to in paragraph 2 and which have been found to be infected by the specified organism, sample and test the host plants, in accordance with the International Standard for Phytosanitary Measures ISPM No 31. That testing shall be carried out at regular intervals and, at least, twice a year.
4. The Member State concerned shall apply appropriate phytosanitary treatments prior to the removal of plants referred to in paragraph 2 against the vectors of the specified organism and plants that may host those vectors. Those treatments may include, as appropriate, removal of plants.
5. The Member State concerned shall,in situor in a nearby location designated for this purpose within the containment area, destroy the plants and parts of plants referred to in paragraph 2, in a manner ensuring that the specified organism is not spread.
6. The Member State concerned shall apply appropriate agricultural practices for the management of the specified organism and its vectors.

Establishment of a surveillance zone in Italy
Article 8
1. A surveillance zone with a width of at least 30 km shall be established adjacent to the demarcated area covering the infected zone of the province of Lecce.
2. In the surveillance zone referred to in paragraph 1, the Member State concerned shall monitor the presence of the specified organism by annual surveys at appropriate times during the year. It shall carry out visual inspections of the specified plants and sample and test symptomatic plants.
The surveyed area shall be based on a grid split into 100 m × 100 m squares. Visual inspections shall take place in each of those squares.
The number of samples, methodology and results shall be indicated in the report referred to in Article 14.
3. The Member State concerned shall apply appropriate agricultural practices for the management of the specified organism and its vectors.

Movement of specified plants within the Union
Article 9
1. The movement within the Union, within or out of the demarcated areas, of specified plants which have been grown for at least part of their life in a demarcated area established in accordance with Article 4, shall be prohibited.
2. By way of derogation of paragraph 1, such movement can take place if the specified plants have been grown in a site where all of the following conditions are fulfilled:
(a)
it is registered in accordance with Commission Directive 92/90/EEC(9);
(b)
it is authorised by the responsible official body as a site free from the specified organism and its vectors, taking into account the relevant International Standards for Phytosanitary Measures;
(c)
it is physically protected against the introduction of the specified organism by its vectors;
(d)
it is surrounded by a zone with a width of 200 meters which has been found by official visual inspection and, in the case of suspected presence of the specified organism, by sampling and testing, to be free from the specified organism, and is subject to appropriate phytosanitary treatments against the vectors of the specified organism; those treatments may include, as appropriate, removal of plants;
(e)
it is subject to appropriate phytosanitary treatments to maintain freedom from vectors of the specified organism; those treatments may include, as appropriate, removal of plants;
(f)
it is subjected annually, together with the zone referred to in point (d), to at least two official inspections carried out at appropriate times;
(g)
throughout the time of growth of the specified plants, neither symptoms of the specified organism nor its vectors were found in the site or, if suspect symptoms were observed, tests carried out confirmed the absence of the specified organism;
(h)
throughout the time of growth of the specified plants, no symptoms of the specified organism were found in the zone referred to in point (d) or, if suspect symptoms were observed, testing has been undertaken and absence of the specified organism has been confirmed.
3. Representative samples of each species of specified plants from each site have been subject to annual testing, at the most appropriate time, and the absence of the specified organism has been confirmed on the basis of tests carried out in accordance with internationally validated testing methods.
4. As practically close to the time of movement as possible the lots of the specified plants were subjected to official visual inspection, sampling and molecular testing carried out in accordance with internationally validated testing methods, using a sampling scheme able to identify with 99 % reliability a level of presence of infected plants of 1 % or above and targeted especially at plants displaying suspect symptoms of the specified organism, in accordance with ISPM No 31.
5. Prior to movement, the lots of the specified plants were subjected to phytosanitary treatments against any of the vectors of the specified organism.
6. Specified plants moving through or within demarcated areas shall be transported in closed containers or packaging, ensuring that infection with the specified organism or any of its vectors cannot occur.
7. All plants referred to in paragraph 1, shall only be moved to and within the Union territory, if they are accompanied by a plant passport prepared and issued in accordance with Commission Directive 92/105/EEC(10).

Traceability
Article 10
1. Professional operators supplying specified plants which have been grown for at least part of their lives in a demarcated area, or which have been moved through such an area, shall keep a record of each lot supplied and of the professional operator who received it.
2. Professional operators being supplied with specified plants which have been grown for at least part of their life in a demarcated area, or which have been moved through such an area, shall keep a record of each lot received and of the supplier.
3. Professional operators shall keep the records referred to in paragraphs 1 and 2 for 3 years from the date on which the respective lot was supplied to or by them.
4. The professional operators referred to in paragraphs 1 and 2 shall immediately inform their respective responsible official bodies of each lot supplied or received by them. That information shall include the origin, consigner, consignee, place of destination, individual serial, week or batch number of the plant passport and identity and quantity of the lot concerned.
5. A responsible official body receiving information pursuant to paragraph 4 shall immediately inform the responsible official body of the place of destination of the lot concerned.
6. The Member States shall, upon request, make available the information referred to in paragraph 4 to the Commission.

Official checks on movements of specified plants
Article 11
1. Member States shall carry out regular official checks on specified plants being moved out of a demarcated area, or from an infected zone to a buffer zone.
Such checks shall be performed at least in:
(a)
the points where the specified plants are moved from infected zones into buffer zones;
(b)
the points where the specified plants are moved from buffer zones into non-demarcated areas;
(c)
the place of destination of the specified plants in the buffer zone;
(d)
the place of destination in the non-demarcated areas.
2. The checks as referred to in paragraph 1 shall include a documentary check, and an identity check of the specified plants.
The checks as referred to in paragraph 1 shall be carried out irrespective of the location of the specified plants, ownership or the person or entity responsible for them.
3. The intensity of the checks referred to in paragraph 2 shall be based on the risk that the plants carry the specified organism or the known or potential vectors, taking into account the provenance of the lots, the degree of susceptibility of the plants, and the compliance by the professional operator responsible for the movement with this Decision and with any other measure taken to contain or eradicate the specified organism.

List of authorised sites
Article 12
Member States shall establish and update a list of all sites authorised in accordance with Article 9(2).
The Member States shall submit that list to the Commission.
On the basis of the information received from the Member States, the Commission shall establish and update a list of all sites authorised in the Member States.
The Commission shall transmit that list to any Member State.

Measures in case of non-compliance with Article 9
Article 13
Where the checks referred to in Article 11(2) show that the conditions laid down in Article 9 are not satisfied, the Member State which carried out those checks shall immediately destroy the non-compliant plantin situor in a nearby location. That action shall be carried out taking all necessary precautions to avoid spreading of the specified organism, and any vectors carried by that plant, during and after removal.

Reporting on measures
Article 14
Member States shall by 31 December of each year communicate to the Commission and to the other Member States:
(a)
a report on the measures taken pursuant to Articles 3, 4, 6, 7, 8 and 11 and on the results of those measures;
(b)
a plan about the measures, including the scheduled time period of each measure, to be taken pursuant to Articles 3, 4, 6, 7, 8 and 11 in the following year.
In case the Member State concerned decides to apply containment measures pursuant to Article 7, it shall immediately communicate to the Commission the reasons to apply containment measures, and measures taken or intended to be taken.
Where justified by the development of the respective phytosanitary risk, Member States shall adapt the respective measures and accordingly update the plan referred to point (b). They shall immediately communicate to the Commission and the other Member States the update of the plan.

Prohibition of the introduction of plants for planting, other than seeds, ofCoffeaoriginating in Costa Rica or Honduras
Article 15
The introduction into the Union of plants for planting, other than seeds, ofCoffeaoriginating in Costa Rica or Honduras shall be prohibited.
Plants for planting, other than seeds, ofCoffeaoriginating in Costa Rica or Honduras which have been introduced into the Union before the application of this Decision, shall only be moved within the Union by professional operators after they have informed the responsible official body.

Introduction into the Union of specified plants originating in a third country where the specified organism is not present
Article 16
Specified plants originating in a third country where the specified organism is not present may be introduced into the Union if the following conditions are fulfilled:
(a)
the national plant protection organisation of the third country concerned has communicated in writing to the Commission that the specified organism is not present in the country;
(b)
the specified plants are accompanied by a phytosanitary certificate, as referred to in Article 13(1)(ii) of Directive 2000/29/EC, stating under the rubric ‘Additional Declaration’ that the specified organism is not present in the country;
(c)
on entry into the Union the specified plants have been checked by the responsible official body in accordance with Article 18(2) and neither presence nor symptoms of the specified organism have been found.

Introduction into the Union of specified plants originating in a third country where the specified organism is known to be present
Article 17
1. Specified plants originating in a third country where the specified organism is known to be present may be introduced into the Union where the following conditions are fulfilled:
(a)
they are accompanied by a phytosanitary certificate, as referred to in Article 13(1)(ii) of Directive 2000/29/EC;
(b)
they comply with paragraph 2 or with paragraphs 3 and 4;
(c)
on entry into the Union they have been checked by the responsible official body in accordance with Article 18 and neither presence nor symptoms of the specified organism have been found.
2. Where specified plants originate in an area free from the specified organism, as established by the national plant protection organisation concerned in accordance with relevant International Standards for Phytosanitary Measures, the following conditions shall be fulfilled:
(a)
the national plant protection organisation of the third country concerned has communicated in writing to the Commission the name of that area;
(b)
the name of that area is stated in the phytosanitary certificate under the rubric ‘place of origin’.
3. Where specified plants originate in an area where the specified organism is known to be present, the phytosanitary certificate shall state under the rubric ‘Additional Declaration’ that:
(a)
the specified plants have been produced in one or more sites fulfilling the conditions set out in paragraph 4;
(b)
the national plant protection organisation of the third country concerned has communicated in writing to the Commission the list of those sites, including their location within the country;
(c)
phytosanitary treatments against the vectors of the specified organism are applied in the site and its zone as referred to in paragraph 4(c);
(d)
representative samples of each species of specified plants from each site have been subject to annual testing, at the most appropriate time, and the absence of the specified organism has been confirmed on the basis of tests carried out in accordance with internationally validated testing methods;
(e)
the specified plants have been transported in closed containers or packaging, ensuring that infection with the specified organism or any of its known vectors cannot occur;
(f)
as practically close to the time of export as possible, the lots of the specified plants were subjected to official visual inspection, sampling and molecular testing, carried out in accordance with internationally validated testing methods, confirming the absence of the specified organism, using a sampling scheme able to identify with 99 % reliability a level of presence of infected plants of 1 % or above and targeted especially at plants displaying suspect symptoms of the specified organism;
(g)
immediately prior to export, the lots of the specified plants were subjected to phytosanitary treatments against any of the known vectors of the specified organism.
In addition, the phytosanitary certificate referred to in point (a) of paragraph 1 shall indicate under the rubric ‘Place of origin’ the identification of the site referred to in point (a).
4. The site referred to in point (a) of paragraph 3 shall fulfil the following conditions:
(a)
it is authorised by the national plant protection organisation as free from the specified organism and its vectors, in accordance with the relevant International Standards for Phytosanitary Measures;
(b)
it is physically protected against the introduction of the specified organism by its vectors;
(c)
it is surrounded by a zone with a width of 200 meters which has been found by official visual inspection, and, in case of suspicion of the presence of the specified organism, by sampling and testing, to be free from the specified organism, and is subject to appropriate phytosanitary treatments against the vectors of the specified organism; those treatments may include, as appropriate, removal of plants;
(d)
it is subject to phytosanitary treatments that aim to maintain freedom from vectors of the specified organism; those treatments may include, as appropriate, removal of plants;
(e)
it is subjected annually, together with the zone referred to in point (c), to at least two official inspections carried out at appropriate times;
(f)
throughout the production time of the specified plants, neither symptoms of the specified organism nor its vectors were found in the site, or, if suspect symptoms were observed, testing has been undertaken and absence of the specified organism has been confirmed;
(g)
throughout the production time of the specified plants, no symptoms of the specified organism were found in the zone referred to in point (c) or, if suspect symptoms were observed, testing has been undertaken and absence of the specified organism has been confirmed.

Official checks at introduction into the Union
Article 18
1. All consignments of specified plants introduced into the Union from a third country shall be officially checked at the point of entry into the Union or at the place of destination established in accordance with Article 1 of Commission Directive 2004/103/EC(11), and, as applicable, pursuant to paragraph 2 or 3, and paragraph 4.
2. In the case of specified plants originating in a third country where the specified organism is not present, the responsible official body shall carry out the following checks:
(a)
a visual inspection; and
(b)
in the case of suspicion of the presence of the specified organism, sampling and testing of the lot of the specified plants to confirm the absence of the specified organism or its symptoms.
3. In the case of specified plants originating in a third country where the specified organism is known to be present, the responsible official body shall carry out the following checks:
(a)
a visual inspection; and
(b)
sampling and testing of the lot of the specified plants to confirm the absence of the specified organism or its symptoms.
4. The samples referred to in paragraphs 2(b) and 3(b) shall be of a size that allows identifying with 99 % reliability a level of infected plants of 1 % or above, taking account of ISPM No 31.

Compliance
Article 19
Member States shall repeal or amend the measures which they have adopted to protect themselves against the introduction and spread of the specified organism in order to comply with this Decision. They shall immediately inform the Commission of those measures.

Repeal
Article 20
Implementing Decision 2014/497/EU is repealed.

Addressees
Article 21
This Decision is addressed to the Member States.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), and in particular the fourth sentence of Article 16(3) thereof,
(1) In view of the audits carried out by the Commission and notifications of new outbreaks by the Italian authorities the measures provided for in Commission Implementing Decision 2014/87/EU(2)should be strengthened.
(2) The European Food Safety Authority (hereinafter ‘the Authority’) published on 6 January 2015 a Scientific Opinion on the risk to plant health posed byXylella fastidiosa(Wells et al.) (hereinafter ‘the specified organism’) in the EU territory, with the identification and evaluation of risk reduction options(3). That Opinion identified a list of plant species susceptible to the European and non-European isolates of the specified organism. In addition, on 20 March 2015, the Authority published a scientific report on the categorisation of those plants for planting, excluding seeds, according to the risk of introduction of the specified organism. The report categorises the plant species which have been so far confirmed to be susceptible to the European and non-European isolates of the specified organism by natural infection, experimental infection via vector transmission, or unknown type of infection (hereinafter ‘specified plants’). That list is longer than the list set out in Commission Implementing Decision 2014/497/EU(4). Therefore, it is appropriate that this Decision applies to a longer list of species than Implementing Decision 2014/497/EU. However, in order to ensure proportionality some measures should only apply to plant species susceptible to the European isolates of the specified organism (hereinafter ‘host plants’). In this regard, while the EFSA Opinion of 6 January 2015 points to the uncertainty as regards the range of plant species since research is still ongoing, the results of the investigations carried out by the Italian authorities have confirmed the capacity of certain specified plants to be ‘host plants’.
(3) Member States should carry out annual surveys for the presence of the specified organism in their territories and should ensure that professional operators are informed about its potential presence and the measures to be taken.
(4) In order to eradicate the specified organism and prevent its further spread in the rest of the Union, Member States should establish demarcated areas consisting of an infected zone and a buffer zone, and apply eradication measures. In view of the current situation in the South of Italy, the infected zone of the demarcated area established by the Italian authorities should, at least, cover the entire province of Lecce. In order to minimise the risk of the specified organism spreading outside the demarcated area (infected zone), the buffer zone should be 10 km wide.
(5) In cases of isolated occurrences of the specified organism the establishment of a demarcated area should not be required if the specified organism can be eliminated from the plants where it was found to be present. In such cases, immediate action should be taken to ascertain whether other plants have been infected.
(6) Taking into account the epidemiology of the specified organism, and the risk of further spreading in the rest of the Union, the planting in the infected zone of the host plants should be prohibited, except in sites which are physically protected against the introduction of the specified organism by its vectors. This is important also to prevent infection of the host plants by the specified organism within the demarcated area.
(7) In the province of Lecce, the specified organism is already widely established. Where evidence shows that in certain parts of that area the specified organism has been present for more than 2 years and it is no longer possible to eradicate it, the responsible official body should have the possibility to apply containment measures, instead of eradication measures, to protect at least production sites, plants with particular cultural, social or scientific value, as well as the border with the rest of the Union territory. The containment measures should aim to minimise the amount of bacterial inoculum in that area and keep the vector population at the lowest level possible.
(8) In order to ensure effective protection of the rest of the Union territory from the specified organism, taking into account the possible spread of the specified organism by natural and human assisted means other than the movement of the specified plants for planting, it is appropriate to establish a surveillance zone immediately outside the buffer zone surrounding the infected zone of the province of Lecce.
(9) Plants known to be susceptible to the specified organism which have been grown for at least part of their life in a demarcated area or which have been moved through such an area are more likely to have been infected with the specified organism. Movement of those plants should therefore be subject to specific requirements aimed at preventing the further spread of the specified organism. To facilitate the early detection of the potential presence of the specified organism outside the demarcated area, traceability requirements should be set for movement of plants known to be susceptible to the specified organism outside the demarcated areas.
(10) In order to allow a follow up inspection at destination of plants for planting moved out of the demarcated areas, the responsible official body of the place of origin and the responsible official body of the place of destination should be immediately informed by the professional operators of the movement of each lot of the specified plants which have been grown at least part of their lives in a demarcated area.
(11) In order to ensure close monitoring of the movement of plants for planting originating in the demarcated areas and to provide an effective overview of the sites where the phytosanitary risk due to the specified organism is high, the Commission and the Member States should have access to information concerning the production sites located in the demarcated areas. Therefore, Member States should establish and update a list of all sites located in the demarcated areas in their territory in which specified plants have been grown and communicate that list to the Commission and the other Member States. The Commission should make available a compilation of those lists to the Member States.
(12) Official checks should be carried out in order to ensure that specified plants are only moved out of the demarcated areas in accordance with the requirements set out in this Decision.
(13) Taking into account the nature of the specified organism, specified plants originating in a third country where the specified organism is not present should, when introduced into the Union, be accompanied by a phytosanitary certificate including an additional declaration stating that that country is free from the specified organism.
(14) In order to ensure that specified plants introduced into the Union from third countries, where the specified organism is known to be present, are free from the specified organism, the requirements for their introduction into the Union should be similar to those set out for movement of specified plants originating in demarcated areas.
(15) Since October 2014, numerous plants for planting, other than seeds, ofCoffea, originating in Costa Rica or in Honduras, have been intercepted in the Union with the presence of the specified organism. It is therefore concluded that the phytosanitary certification procedures of Costa Rica or Honduras are insufficient to ensure that consignments of plants ofCoffeaare free from the specified organism. Consequently, given the high probability of establishment of the specified organism in the Union, the absence of any effective treatment once the specified plants are infected, as well as the major economic consequences for the Union, the introduction into the Union of plants for planting ofCoffea, other than seeds, originating in Costa Rica or Honduras should be prohibited.
(16) Implementing Decision 2014/497/EU should be repealed.
(17) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS DECISION:

Definitions

For the purposes of this Decision, the following definitions shall apply:
(a)
‘specified organism’ means European and non-European isolates ofXylella fastidiosa(Wells et al.);
(b)
‘specified plants’ means all plants for planting, other than seeds, belonging to the genera or species listed in Annex I;
(c)
‘host plants’ means all specified plants belonging to the genera or species listed in Annex II;
(d)
‘professional operator’ means any person involved professionally in one or more of the following activities concerning plants:
(i)
planting;
(ii)
breeding;
(iii)
production, including growing, multiplying and maintaining;
(iv)
introduction into, and movement within, and out of the Union territory;
(v)
making available on the market.

Detection or suspected presence of the specified organism

1. Any person who suspects or becomes aware of the presence of the specified organism shall immediately inform the responsible official body and provide it with all relevant information concerning the presence, or suspected presence, of the specified organism.
2. The responsible official body shall immediately record such information.
3. Where the responsible official body has been informed of a presence, or suspected presence, of the specified organism it shall take all necessary measures to confirm that presence, or the suspected presence.
4. Member States shall ensure that any person having under its control plants which may be infected with the specified organism is immediately informed of the presence or the suspected presence of the specified organism, of the possible consequences and risks and of the measures to be taken.

Surveys of the specified organism in the territories of the Member States

Member States shall conduct annual surveys for the presence of the specified organism in their territory on the specified plants.
Those surveys shall be carried out by the responsible official body, or under official supervision of the responsible official body. They shall consist of visual examinations and, in the case of any suspicion of infection by the specified organism, collection of samples and testing. Those surveys shall be based on sound scientific and technical principles and shall be carried out at appropriate times of the year with regard to the possibility to detect the specified organism. Those surveys shall take account of the available scientific and technical evidence, the biology of the specified organism and its vectors, the presence and biology of specified plants, and any other appropriate information, concerning the presence of the specified organism.

Establishment of demarcated areas

1. Where the presence of the specified organism is confirmed, the Member State concerned shall without delay demarcate an area in accordance with paragraph 2, hereinafter ‘demarcated area’.
2. The demarcated area shall consist of an infected zone and a buffer zone.
The infected zone shall include all plants known to be infected by the specified organism, all plants showing symptoms indicating possible infection by that organism, and all other plants liable to be infected by that organism due to their close proximity to infected plants, or common source of production, if known, with infected plants, or plants grown from them.
As regards the presence of the specified organism in the province of Lecce, the infected zone shall at least include that entire province.
The buffer zone shall be of a width of at least 10 km, surrounding the infected zone.
The exact delimitation of the zones shall be based on sound scientific principles, the biology of the specified organism and its vectors, the level of infection, the presence of the vectors, and the distribution of specified plants in the area concerned.
3. If the presence of the specified organism is confirmed in the buffer zone, the delimitation of the infected zone and buffer zone shall immediately be reviewed and changed accordingly.
4. On the basis of the notifications by Member States in accordance with Commission Implementing Decision 2014/917/EU(5), the Commission shall establish and update a list of the demarcated areas and communicate that list to the Member States.
5. Where based on the surveys referred to in Article 3 and on the monitoring referred to in paragraph 7 of Article 6 the specified organism is not detected in a demarcated area for a period of 5 years, this demarcation may be lifted. In such cases, the Member State concerned shall notify the Commission and other Member States.
6. By way of derogation from paragraph 1, the Member State may decide not to establish a demarcated area immediately where all of the following conditions are fulfilled:
(a)
there is evidence that the specified organism was recently introduced into the area with the plants on which it was found;
(b)
there is an indication that those plants were infected before their introduction into the area concerned;
(c)
no vectors carrying the specified organism have been detected, on the basis of tests carried out in accordance with internationally validated testing methods, in the vicinity of those plants.
7. In the case referred to in paragraph 6, the Member State shall:
(a)
carry out an annual survey for at least 2 years to determine whether any plants have been infected other than those on which the specified organism was first found to be present;
(b)
on the basis of that survey, determine whether there is a need to establish a demarcated area;
(c)
notify to the Commission and the other Member States the justification for not establishing a demarcated area, and the outcome of the survey referred to in point (a) as soon as they become available.

Prohibition concerning the planting of host plants in infected zones

The planting of host plants in infected zones shall be prohibited, except in sites which are physically protected against the introduction of the specified organism by its vectors.

Eradication measures

1. The Member State having established the demarcated area referred to in Article 4 shall take in that area the measures as set out in paragraphs 2 to 11.
2. The Member State concerned shall, within a radius of 100 m around the plants which have been tested and found to be infected by the specified organism, immediately remove:
(a)
host plants, regardless of their health status;
(b)
plants known to be infected by the specified organism;
(c)
plants showing symptoms indicating possible infection by that organism or suspected to be infected by that organism.
3. The Member State concerned shall sample and test the specified plants within a radius of 100 m around each of the infected plants, in accordance with the International Standard for Phytosanitary Measures ISPM No 31(6).
4. The Member State concerned shall carry out appropriate phytosanitary treatments prior to the removal of plants referred to in paragraph 2 against the vectors of the specified organism and plants that may host those vectors. Those treatments may include, as appropriate, removal of plants.
5. The Member State concerned shall,in situor in a nearby location designated for this purpose within the infected zone, destroy the plants and parts of plants referred to in paragraph 2, in a manner ensuring that the specified organism is not spread.
6. The Member State concerned shall carry out appropriate investigations to identify the origin of the infection. It shall trace the specified plants associated with the case of infection concerned, including those which were moved before a demarcated area was established. The results of such investigations shall be communicated to Member States in which those plants concerned originate, to the Member States through which those plants have moved and to the Member States where those plants have moved into.
7. The Member State concerned shall monitor the presence of the specified organism by annual surveys at appropriate times. It shall carry out visual inspections of the specified plants and sample and test symptomatic plants, as well as asymptomatic plants in the proximity of the symptomatic ones.
In buffer zones, the surveyed area shall be based on a grid split into 100 m × 100 m squares. Visual inspections shall take place in each of those squares.
8. The Member State concerned shall raise public awareness concerning the threat of the specified organism and concerning the measures adopted to prevent its introduction into and spread within the Union. It shall set up road signs indicating the delimitation of the respective demarcated area.
9. The Member State concerned shall, where necessary, take measures addressing any particularity or complication that could reasonably be expected to prevent, hinder or delay eradication, in particular those related to the accessibility and adequate destruction of all plants that are infected or suspected of infection, irrespective of their location, public or private ownership or the person or entity responsible for them.
10. The Member State concerned shall take any other measure, which may contribute to the eradication of the specified organism, in accordance with ISPM No 9(7)and applying an integrated approach in accordance with the principles set out in ISPM No 14(8).
11. The Member State concerned shall apply appropriate agricultural practices for the management of the specified organism and its vectors.

Containment measures

1. By way of derogation from Article 6, only in the province of Lecce, the responsible official body of the Member State concerned may decide to apply containment measures, as set out in paragraphs 2 to 6, (hereinafter: ‘containment area’).
2. The Member State concerned shall immediately remove at least all plants which have been found to be infected by the specified organism if they are situated in any of the following locations:
(a)
in the proximity of the sites referred to in Article 9(2);
(b)
in the proximity of the sites of plants with particular cultural, social or scientific value;
(c)
within a distance of 20 km from the border of the containment area with the rest of the Union territory.
All necessary precautions shall be taken to avoid spreading of the specified organism during and after removal.
3. The Member State concerned shall, within a radius of 100 m around the plants referred to in paragraph 2 and which have been found to be infected by the specified organism, sample and test the host plants, in accordance with the International Standard for Phytosanitary Measures ISPM No 31. That testing shall be carried out at regular intervals and, at least, twice a year.
4. The Member State concerned shall apply appropriate phytosanitary treatments prior to the removal of plants referred to in paragraph 2 against the vectors of the specified organism and plants that may host those vectors. Those treatments may include, as appropriate, removal of plants.
5. The Member State concerned shall,in situor in a nearby location designated for this purpose within the containment area, destroy the plants and parts of plants referred to in paragraph 2, in a manner ensuring that the specified organism is not spread.
6. The Member State concerned shall apply appropriate agricultural practices for the management of the specified organism and its vectors.

Establishment of a surveillance zone in Italy

1. A surveillance zone with a width of at least 30 km shall be established adjacent to the demarcated area covering the infected zone of the province of Lecce.
2. In the surveillance zone referred to in paragraph 1, the Member State concerned shall monitor the presence of the specified organism by annual surveys at appropriate times during the year. It shall carry out visual inspections of the specified plants and sample and test symptomatic plants.
The surveyed area shall be based on a grid split into 100 m × 100 m squares. Visual inspections shall take place in each of those squares.
The number of samples, methodology and results shall be indicated in the report referred to in Article 14.
3. The Member State concerned shall apply appropriate agricultural practices for the management of the specified organism and its vectors.

Movement of specified plants within the Union

1. The movement within the Union, within or out of the demarcated areas, of specified plants which have been grown for at least part of their life in a demarcated area established in accordance with Article 4, shall be prohibited.
2. By way of derogation of paragraph 1, such movement can take place if the specified plants have been grown in a site where all of the following conditions are fulfilled:
(a)
it is registered in accordance with Commission Directive 92/90/EEC(9);
(b)
it is authorised by the responsible official body as a site free from the specified organism and its vectors, taking into account the relevant International Standards for Phytosanitary Measures;
(c)
it is physically protected against the introduction of the specified organism by its vectors;
(d)
it is surrounded by a zone with a width of 200 meters which has been found by official visual inspection and, in the case of suspected presence of the specified organism, by sampling and testing, to be free from the specified organism, and is subject to appropriate phytosanitary treatments against the vectors of the specified organism; those treatments may include, as appropriate, removal of plants;
(e)
it is subject to appropriate phytosanitary treatments to maintain freedom from vectors of the specified organism; those treatments may include, as appropriate, removal of plants;
(f)
it is subjected annually, together with the zone referred to in point (d), to at least two official inspections carried out at appropriate times;
(g)
throughout the time of growth of the specified plants, neither symptoms of the specified organism nor its vectors were found in the site or, if suspect symptoms were observed, tests carried out confirmed the absence of the specified organism;
(h)
throughout the time of growth of the specified plants, no symptoms of the specified organism were found in the zone referred to in point (d) or, if suspect symptoms were observed, testing has been undertaken and absence of the specified organism has been confirmed.
3. Representative samples of each species of specified plants from each site have been subject to annual testing, at the most appropriate time, and the absence of the specified organism has been confirmed on the basis of tests carried out in accordance with internationally validated testing methods.
4. As practically close to the time of movement as possible the lots of the specified plants were subjected to official visual inspection, sampling and molecular testing carried out in accordance with internationally validated testing methods, using a sampling scheme able to identify with 99 % reliability a level of presence of infected plants of 1 % or above and targeted especially at plants displaying suspect symptoms of the specified organism, in accordance with ISPM No 31.
5. Prior to movement, the lots of the specified plants were subjected to phytosanitary treatments against any of the vectors of the specified organism.
6. Specified plants moving through or within demarcated areas shall be transported in closed containers or packaging, ensuring that infection with the specified organism or any of its vectors cannot occur.
7. All plants referred to in paragraph 1, shall only be moved to and within the Union territory, if they are accompanied by a plant passport prepared and issued in accordance with Commission Directive 92/105/EEC(10).

Traceability

1. Professional operators supplying specified plants which have been grown for at least part of their lives in a demarcated area, or which have been moved through such an area, shall keep a record of each lot supplied and of the professional operator who received it.
2. Professional operators being supplied with specified plants which have been grown for at least part of their life in a demarcated area, or which have been moved through such an area, shall keep a record of each lot received and of the supplier.
3. Professional operators shall keep the records referred to in paragraphs 1 and 2 for 3 years from the date on which the respective lot was supplied to or by them.
4. The professional operators referred to in paragraphs 1 and 2 shall immediately inform their respective responsible official bodies of each lot supplied or received by them. That information shall include the origin, consigner, consignee, place of destination, individual serial, week or batch number of the plant passport and identity and quantity of the lot concerned.
5. A responsible official body receiving information pursuant to paragraph 4 shall immediately inform the responsible official body of the place of destination of the lot concerned.
6. The Member States shall, upon request, make available the information referred to in paragraph 4 to the Commission.

Official checks on movements of specified plants

1. Member States shall carry out regular official checks on specified plants being moved out of a demarcated area, or from an infected zone to a buffer zone.
Such checks shall be performed at least in:
(a)
the points where the specified plants are moved from infected zones into buffer zones;
(b)
the points where the specified plants are moved from buffer zones into non-demarcated areas;
(c)
the place of destination of the specified plants in the buffer zone;
(d)
the place of destination in the non-demarcated areas.
2. The checks as referred to in paragraph 1 shall include a documentary check, and an identity check of the specified plants.
The checks as referred to in paragraph 1 shall be carried out irrespective of the location of the specified plants, ownership or the person or entity responsible for them.
3. The intensity of the checks referred to in paragraph 2 shall be based on the risk that the plants carry the specified organism or the known or potential vectors, taking into account the provenance of the lots, the degree of susceptibility of the plants, and the compliance by the professional operator responsible for the movement with this Decision and with any other measure taken to contain or eradicate the specified organism.

List of authorised sites

Member States shall establish and update a list of all sites authorised in accordance with Article 9(2).
The Member States shall submit that list to the Commission.
On the basis of the information received from the Member States, the Commission shall establish and update a list of all sites authorised in the Member States.
The Commission shall transmit that list to any Member State.

Measures in case of non-compliance with Article 9

Where the checks referred to in Article 11(2) show that the conditions laid down in Article 9 are not satisfied, the Member State which carried out those checks shall immediately destroy the non-compliant plantin situor in a nearby location. That action shall be carried out taking all necessary precautions to avoid spreading of the specified organism, and any vectors carried by that plant, during and after removal.

Reporting on measures

Member States shall by 31 December of each year communicate to the Commission and to the other Member States:
(a)
a report on the measures taken pursuant to Articles 3, 4, 6, 7, 8 and 11 and on the results of those measures;
(b)
a plan about the measures, including the scheduled time period of each measure, to be taken pursuant to Articles 3, 4, 6, 7, 8 and 11 in the following year.
In case the Member State concerned decides to apply containment measures pursuant to Article 7, it shall immediately communicate to the Commission the reasons to apply containment measures, and measures taken or intended to be taken.
Where justified by the development of the respective phytosanitary risk, Member States shall adapt the respective measures and accordingly update the plan referred to point (b). They shall immediately communicate to the Commission and the other Member States the update of the plan.

Prohibition of the introduction of plants for planting, other than seeds, ofCoffeaoriginating in Costa Rica or Honduras

The introduction into the Union of plants for planting, other than seeds, ofCoffeaoriginating in Costa Rica or Honduras shall be prohibited.
Plants for planting, other than seeds, ofCoffeaoriginating in Costa Rica or Honduras which have been introduced into the Union before the application of this Decision, shall only be moved within the Union by professional operators after they have informed the responsible official body.

Introduction into the Union of specified plants originating in a third country where the specified organism is not present

Specified plants originating in a third country where the specified organism is not present may be introduced into the Union if the following conditions are fulfilled:
(a)
the national plant protection organisation of the third country concerned has communicated in writing to the Commission that the specified organism is not present in the country;
(b)
the specified plants are accompanied by a phytosanitary certificate, as referred to in Article 13(1)(ii) of Directive 2000/29/EC, stating under the rubric ‘Additional Declaration’ that the specified organism is not present in the country;
(c)
on entry into the Union the specified plants have been checked by the responsible official body in accordance with Article 18(2) and neither presence nor symptoms of the specified organism have been found.

Introduction into the Union of specified plants originating in a third country where the specified organism is known to be present

1. Specified plants originating in a third country where the specified organism is known to be present may be introduced into the Union where the following conditions are fulfilled:
(a)
they are accompanied by a phytosanitary certificate, as referred to in Article 13(1)(ii) of Directive 2000/29/EC;
(b)
they comply with paragraph 2 or with paragraphs 3 and 4;
(c)
on entry into the Union they have been checked by the responsible official body in accordance with Article 18 and neither presence nor symptoms of the specified organism have been found.
2. Where specified plants originate in an area free from the specified organism, as established by the national plant protection organisation concerned in accordance with relevant International Standards for Phytosanitary Measures, the following conditions shall be fulfilled:
(a)
the national plant protection organisation of the third country concerned has communicated in writing to the Commission the name of that area;
(b)
the name of that area is stated in the phytosanitary certificate under the rubric ‘place of origin’.
3. Where specified plants originate in an area where the specified organism is known to be present, the phytosanitary certificate shall state under the rubric ‘Additional Declaration’ that:
(a)
the specified plants have been produced in one or more sites fulfilling the conditions set out in paragraph 4;
(b)
the national plant protection organisation of the third country concerned has communicated in writing to the Commission the list of those sites, including their location within the country;
(c)
phytosanitary treatments against the vectors of the specified organism are applied in the site and its zone as referred to in paragraph 4(c);
(d)
representative samples of each species of specified plants from each site have been subject to annual testing, at the most appropriate time, and the absence of the specified organism has been confirmed on the basis of tests carried out in accordance with internationally validated testing methods;
(e)
the specified plants have been transported in closed containers or packaging, ensuring that infection with the specified organism or any of its known vectors cannot occur;
(f)
as practically close to the time of export as possible, the lots of the specified plants were subjected to official visual inspection, sampling and molecular testing, carried out in accordance with internationally validated testing methods, confirming the absence of the specified organism, using a sampling scheme able to identify with 99 % reliability a level of presence of infected plants of 1 % or above and targeted especially at plants displaying suspect symptoms of the specified organism;
(g)
immediately prior to export, the lots of the specified plants were subjected to phytosanitary treatments against any of the known vectors of the specified organism.
In addition, the phytosanitary certificate referred to in point (a) of paragraph 1 shall indicate under the rubric ‘Place of origin’ the identification of the site referred to in point (a).
4. The site referred to in point (a) of paragraph 3 shall fulfil the following conditions:
(a)
it is authorised by the national plant protection organisation as free from the specified organism and its vectors, in accordance with the relevant International Standards for Phytosanitary Measures;
(b)
it is physically protected against the introduction of the specified organism by its vectors;
(c)
it is surrounded by a zone with a width of 200 meters which has been found by official visual inspection, and, in case of suspicion of the presence of the specified organism, by sampling and testing, to be free from the specified organism, and is subject to appropriate phytosanitary treatments against the vectors of the specified organism; those treatments may include, as appropriate, removal of plants;
(d)
it is subject to phytosanitary treatments that aim to maintain freedom from vectors of the specified organism; those treatments may include, as appropriate, removal of plants;
(e)
it is subjected annually, together with the zone referred to in point (c), to at least two official inspections carried out at appropriate times;
(f)
throughout the production time of the specified plants, neither symptoms of the specified organism nor its vectors were found in the site, or, if suspect symptoms were observed, testing has been undertaken and absence of the specified organism has been confirmed;
(g)
throughout the production time of the specified plants, no symptoms of the specified organism were found in the zone referred to in point (c) or, if suspect symptoms were observed, testing has been undertaken and absence of the specified organism has been confirmed.

Official checks at introduction into the Union

1. All consignments of specified plants introduced into the Union from a third country shall be officially checked at the point of entry into the Union or at the place of destination established in accordance with Article 1 of Commission Directive 2004/103/EC(11), and, as applicable, pursuant to paragraph 2 or 3, and paragraph 4.
2. In the case of specified plants originating in a third country where the specified organism is not present, the responsible official body shall carry out the following checks:
(a)
a visual inspection; and
(b)
in the case of suspicion of the presence of the specified organism, sampling and testing of the lot of the specified plants to confirm the absence of the specified organism or its symptoms.
3. In the case of specified plants originating in a third country where the specified organism is known to be present, the responsible official body shall carry out the following checks:
(a)
a visual inspection; and
(b)
sampling and testing of the lot of the specified plants to confirm the absence of the specified organism or its symptoms.
4. The samples referred to in paragraphs 2(b) and 3(b) shall be of a size that allows identifying with 99 % reliability a level of infected plants of 1 % or above, taking account of ISPM No 31.

Compliance

Member States shall repeal or amend the measures which they have adopted to protect themselves against the introduction and spread of the specified organism in order to comply with this Decision. They shall immediately inform the Commission of those measures.

Repeal

Implementing Decision 2014/497/EU is repealed.

Addressees

This Decision is addressed to the Member States.

List of plants known to be susceptible to the European and non-European isolates of the specified organism (‘specified plants’)

ANNEX I
| Acacia longifolia(Andrews) Willd.
| Acacia saligna(Labill.) H. L. Wendl.
| Acer
| Aesculus
| Agrostis giganteaRoth
| Albizia julibrissinDurazz.
| Alnus rhombifoliaNutt.
| Alternanthera tenellaColla
| Amaranthus blitoidesS. Watson
| Ambrosia acanthicarpaHook.
| Ambrosia artemisiifoliaL.
| Ambrosia trifidaL.
| Ampelopsis arborea(L.) Koehne
| Ampelopsis cordataMichx.
| Artemisia douglasianaHook.
| Artemisia vulgarisvar.heterophylla(H.M. Hall & Clements) Jepson
| Avena fatuaL.
| Baccharis halimifoliaL.
| Baccharis pilularisDC.
| Baccharis salicifolia(Ruiz & Pav.)
| Bidens pilosaL.
| Brachiaria decumbens(Stapf)
| Brachiaria plantaginea(Link) Hitchc.
| Brassica
| Bromus diandrusRoth
| Callicarpa americanaL.
| Capsella bursa-pastoris(L.) Medik.
| Carex
| Carya illinoinensis(Wangenh.) K. Koch
| Cassia tora(L.) Roxb.
| Catharanthus
| Celastrus orbiculataThunb.
| Celtis occidentalisL.
| Cenchrus echinatusL.
| Cercis canadensisL.
| Cercis occidentalisTorr.
| Chamaecrista fasciculata(Michx.) Greene
| Chenopodium quinoaWilld.
| Chionanthus
| Chitalpa tashkinensisT. S. Elias & Wisura
| Citrus
| Coelorachis cylindrica(Michx.) Nash
| Coffea
| Commelina benghalensisL.
| Conium maculatumL.
| Convolvulus arvensisL.
| Conyza canadensis(L.) Cronquist
| Cornus floridaL.
| Coronopus didymus(L.) Sm.
| Cynodon dactylon(L.) Pers.
| Cyperus eragrostisLam.
| Cyperus esculentusL.
| Cytisus scoparius(L.) Link
| Datura wrightiiRegel
| Digitaria horizontalisWilld.
| Digitaria insularis(L.) Ekman
| Digitaria sanguinalis(L.) Scop.
| Disphania ambrosioides(L.) Mosyakin & Clemants
| Duranta erectaL.
| Echinochloa crus-galli(L.) P. Beauv.
| Encelia farinosaA. Gray ex Torr.
| Eriochloa contractaHitchc.
| Erodium
| Escallonia montevidensisLink & Otto
| Eucalyptus camaldulensisDehnh.
| Eucalyptus globulusLabill.
| Eugenia myrtifoliaSims
| Euphorbia hirtaL.
| Fagus crenataBlume
| Ficus caricaL.
| Fragaria vescaL.
| Fraxinus americanaL.
| Fraxinus dipetalaHook. & Arn.
| Fraxinus latifoliaBenth.
| Fraxinus pennsylvanicaMarshall
| Fuchsia magellanicaLam.
| Genista monspessulana(L.) L. A. S. Johnson
| Geranium dissectumL.
| Ginkgo bilobaL.
| Gleditsia triacanthosL.
| Hedera helixL.
| Helianthus annuusL.
| Hemerocallis
| Heteromeles arbutifolia(Lindl.) M. Roem.
| Hibiscus schizopetalus(Masters) J.D. Hooker
| Hibiscus syriacusL.
| Hordeum murinumL.
| Hydrangea paniculataSiebold
| Ilex vomitoriaSol. ex Aiton
| Ipomoea purpurea(L.) Roth
| Iva annuaL.
| Jacaranda mimosifoliaD. Don
| Juglans
| Juniperus asheiJ. Buchholz
| Koelreuteria bipinnataFranch.
| Lactuca serriolaL.
| Lagerstroemia indicaL.
| Lavandula dentataL.
| Ligustrum lucidumL.
| Lippia nodiflora(L.) Greene
| Liquidambar styracifluaL.
| Liriodendron tulipiferaL.
| Lolium perenneL.
| Lonicera japonica(L.) Thunb.
| Ludwigia grandiflora(Michx.) Greuter & Burdet
| Lupinus aridorumMcFarlin ex Beckner
| Lupinus villosusWilld.
| Magnolia grandifloraL.
| Malva
| Marrubium vulgareL.
| Medicago polymorphaL.
| Medicago sativaL.
| Melilotus
| Melissa officinalisL.
| Metrosideros
| Modiola caroliniana(L.) G. Don
| Montia linearis(Hook.) Greene
| Morus
| Myrtus communisL.
| Nandina domesticaMurray
| Neptunia lutea(Leavenw.) Benth.
| Nerium oleanderL.
| Nicotiana glaucaGraham
| Olea europaeaL.
| Origanum majoranaL.
| Paspalum dilatatumPoir.
| Persea americanaMill.
| Phoenix reclinataJacq.
| Phoenix roebeleniiO’Brien
| Pinus taedaL.
| Pistacia veraL.
| Plantago lanceolataL.
| Platanus
| Pluchea odorata(L.) Cass.
| Poa annuaL.
| Polygala myrtifoliaL.
| Polygonum arenastrumBoreau
| Polygonum lapathifolium(L.) Delarbre
| Polygonum persicariaGray
| Populus fremontiiS. Watson
| Portulaca
| Prunus
| Pyrus pyrifolia(Burm. f.) Nakai
| Quercus
| Ranunculus repensL.
| Ratibida columnifera(Nutt.) Wooton & Standl.
| Rhamnus alaternusL.
| Rhus diversilobaTorr. & A. Gray
| Rosa californicaCham. & Schldl.
| Rosmarinus officinalisL.
| Rubus
| Rumex crispusL.
| Salix
| Salsola tragusL.
| Salvia melliferaGreene
| Sambucus
| Sapindus saponariaL.
| Schinus molleL.
| Senecio vulgarisL.
| Setaria magnaGriseb.
| Silybum marianum(L.) Gaertn.
| Simmondsia chinensis(Link) C. K. Schneid.
| Sisymbrium irioL.
| Solanum americanumMill.
| Solanum elaeagnifoliumCav.
| Solidago virgaureaL.
| Sonchus
| Sorghum
| Spartium junceumL.
| Spermacoce latifoliaAubl.
| Stellaria media(L.) Vill.
| Tillandsia usneoides(L.) L.
| Toxicodendron diversilobum(Torr. & A. Gray) Greene
| Trifolium repensL.
| Ulmus americanaL.
| Ulmus crassifoliaNutt.
| Umbellularia californica(Hook. & Arn.) Nutt.
| Urtica dioicaL.
| Urtica urensL.
| Vaccinium
| Verbena litoralisKunth
| Veronica
| Vicia fabaL.
| Vinca
| Vitis
| Westringia fruticosa(Willd.) Druce
| Xanthium spinosumL.
| Xanthium strumariumL.

List of plants known to be susceptible to the European isolates of the specified organism (‘host plants’)

ANNEX II
| Acacia saligna(Labill.) Wendl.
| Catharanthus
| Myrtus communisL.
| Nerium oleanderL.
| Olea europaeaL.
| Polygala myrtifoliaL.
| Prunus avium(L.) L.
| Prunus dulcis(Mill.) D.A. Webb
| Rhamnus alaternusL.
| Rosmarinus officinalisL.
| Spartium junceumL.
| Vinca
| Westringia fruticosa(Willd.) Druce

Pending: 32015D0698

30.4.2015 EN Official Journal of the European Union L 112/71
(1) On 14 June 2007, Pioneer Overseas Corporation submitted to the competent authority of the Netherlands an application, in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003, for the placing on the market of foods, food ingredients, and feed containing, consisting of, or produced from 305423 soybean (‘the application’).
(2) The application also covers the placing on the market of 305423 soybean in products consisting of it or containing it for any other uses than food and feed as any other soybean, with the exception of cultivation.
(3) In accordance with Articles 5(5) and 17(5) of Regulation (EC) No 1829/2003, the application includes the data and information required by Annexes III and IV to Directive 2001/18/EC of the European Parliament and of the Council(2)and information and conclusions about the risk assessment carried out in accordance with the principles set out in Annex II to Directive 2001/18/EC. It also includes a monitoring plan for environmental effects conforming with Annex VII to Directive 2001/18/EC.
(4) On 18 December 2013, the European Food Safety Authority (‘EFSA’) gave a favourable opinion in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003(3). It concluded that 305423 soybean, as described in the application, is as safe as its non-genetically modified counterpart with respect to potential effects on human and animal health or the environment in the context of its intended uses.
(5) In its opinion, EFSA considered all the specific questions and concerns raised by the Member States in the context of the consultation of the national competent authorities as provided for by Articles 6(4) and 18(4) of Regulation (EC) No 1829/2003.
(6) In its opinion, EFSA also concluded that the environmental monitoring plan, consisting of a general surveillance plan, submitted by the applicant is in line with the intended uses of the products. In addition, EFSA recommended a post-market monitoring plan to be implemented, focusing on the collection of consumption data for the European population.
(7) Taking into account those considerations, authorisation should be granted to the products.
(8) A unique identifier should be assigned to each genetically modified organism (‘GMO’) as provided for in Commission Regulation (EC) No 65/2004(4).
(9) Food, food ingredients and feed containing, consisting of, or produced from soybean 305423 should be labelled in accordance with the requirements provided for in Articles 13(1) and 25(2) of Regulation (EC) No 1829/2003.
(10) On the basis of the EFSA opinion, confirming that fatty acid composition of the seeds of soybean 305423 and derived oil has been changed in relation to the conventional counterpart, a specific labelling appears to be necessary in accordance with Articles 13(2)(a) and 25(2)(c) of Regulation (EC) No 1829/2003.
(11) In order to ensure the use of the products within the limits of the authorisation provided for by this Decision, the labelling of products containing or consisting of the GMO for which authorisation is requested, with the exception of food products, should be complemented by a clear indication that the products in question must not be used for cultivation.
(12) Regulation (EC) No 1830/2003 of the European Parliament and of the Council(5)lays down labelling requirements in Article 4(6) for products containing or consisting of GMOs. Traceability requirements for products containing or consisting of GMOs are laid down in paragraphs 1 to 5 of Article 4 and those for food and feed produced from GMOs are laid down in Article 5 of that Regulation.
(13) The authorisation holder should submit annual reports on the implementation and the results of the activities set out in the monitoring plan for environmental effects. Those results should be presented in accordance with Commission Decision 2009/770/EC(6). The EFSA opinion does not justify the imposition of specific conditions for the protection of particular ecosystems/environment and/or geographical areas, as provided for in point (e) of Article 6(5) and Article 18(5) of Regulation (EC) No 1829/2003.
(14) The authorisation holder should also submit annual reports on the implementation and the results of the activities set out in the post-market monitoring plan.
(15) All relevant information on the authorisation of the products should be entered in the Community register of genetically modified food and feed, as provided for in Regulation (EC) No 1829/2003.
(16) This Decision is to be notified through the Biosafety Clearing-House to the Parties to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, pursuant to Article 9(1) and point (c) of Article 15(2) of Regulation (EC) No 1946/2003 of the European Parliament and of the Council(7).
(17) The Standing Committee on the Food Chain and Animal Health has not delivered an opinion within the time limit laid down by its Chairman. An implementing act was deemed to be necessary and the chair submitted the draft implementing act to the appeal committee for further deliberation. The appeal committee did not deliver an opinion,
(a) foods and food ingredients containing, consisting of, or produced from DP-3Ø5423-1 soybean;
(b) feed containing, consisting of, or produced from DP-3Ø5423-1 soybean;
(c) DP-3Ø5423-1 soybean in products containing it or consisting of it for any other use than (a) and (b), with the exception of cultivation.
Name : Pioneer Overseas Corporation
Address : Avenue des Arts 44, 1040 Brussels — Belgium
1. Foods and food ingredients containing, consisting of, or produced from DP-3Ø5423-1 soybean.
2. Feed containing, consisting of, or produced from DP-3Ø5423-1 soybean.
3. DP-3Ø5423-1 soybean in products containing it or consisting of it for any other use than 1 and 2, with the exception of cultivation.
1. For the purposes of the specific labelling requirements laid down in Articles 13(1) and 25(2) of Regulation (EC) No 1829/2003, and in Article 4(6) of Regulation (EC) No 1830/2003, the ‘name of the organism’ shall be ‘soybean’.
2. For the purposes of the labelling requirements laid down in Articles 13(2)(a) and 25(2)(c) of Regulation (EC) No 1829/2003, the words ‘with increased monounsaturated fat and reduced polyunsaturated fat’ shall appear after the name of the organism on the label or, where appropriate, in the documents accompanying the products.
3. The words ‘not for cultivation’ shall appear on the label of and in the documents accompanying products containing or consisting of DP-3Ø5423-1 soybean with the exception of products referred to in point (a) of Article 2.
— Event specific real-time PCR based method for the quantification of DP-3Ø5423-1 soybean.
— Validated by the EU Reference Laboratory established under Regulation (EC) No 1829/2003 on genomic DNA extracted from soybean seeds, published at http://gmo-crl.jrc.ec.europa.eu/statusofdossiers.aspx
— Reference Material: ERM-BF426 accessible via the Joint Research Centre (JRC) of the European Commission, the Institute for Reference Materials and Measurements (IRMM) at http://www.irmm.jrc.be/html/reference_materials_catalogue/index.htm
1. The authorisation holder shall collect the following information:(i)quantities of DP-3Ø5423-1 soybean oil and 305423 soybeans for oil extraction, imported into the European Union for the placing on the market as or in products for food;(ii)in case of import of products mentioned under (i), results of database searches in FAOSTAT database on the quantities of vegetable oil consumption by Member State, including shifts in quantities between the different types of oils consumed. (i) quantities of DP-3Ø5423-1 soybean oil and 305423 soybeans for oil extraction, imported into the European Union for the placing on the market as or in products for food; (ii) in case of import of products mentioned under (i), results of database searches in FAOSTAT database on the quantities of vegetable oil consumption by Member State, including shifts in quantities between the different types of oils consumed.
(i) quantities of DP-3Ø5423-1 soybean oil and 305423 soybeans for oil extraction, imported into the European Union for the placing on the market as or in products for food;
(ii) in case of import of products mentioned under (i), results of database searches in FAOSTAT database on the quantities of vegetable oil consumption by Member State, including shifts in quantities between the different types of oils consumed.
(i) quantities of DP-3Ø5423-1 soybean oil and 305423 soybeans for oil extraction, imported into the European Union for the placing on the market as or in products for food;
(ii) in case of import of products mentioned under (i), results of database searches in FAOSTAT database on the quantities of vegetable oil consumption by Member State, including shifts in quantities between the different types of oils consumed.
2. The authorisation holder shall, based on the information collected and reported, review the nutritional assessment conducted as part of the risk assessment.
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed(1), and in particular Articles 7(3) and 19(3) thereof,
(1) On 14 June 2007, Pioneer Overseas Corporation submitted to the competent authority of the Netherlands an application, in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003, for the placing on the market of foods, food ingredients, and feed containing, consisting of, or produced from 305423 soybean (‘the application’).
(2) The application also covers the placing on the market of 305423 soybean in products consisting of it or containing it for any other uses than food and feed as any other soybean, with the exception of cultivation.
(3) In accordance with Articles 5(5) and 17(5) of Regulation (EC) No 1829/2003, the application includes the data and information required by Annexes III and IV to Directive 2001/18/EC of the European Parliament and of the Council(2)and information and conclusions about the risk assessment carried out in accordance with the principles set out in Annex II to Directive 2001/18/EC. It also includes a monitoring plan for environmental effects conforming with Annex VII to Directive 2001/18/EC.
(4) On 18 December 2013, the European Food Safety Authority (‘EFSA’) gave a favourable opinion in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003(3). It concluded that 305423 soybean, as described in the application, is as safe as its non-genetically modified counterpart with respect to potential effects on human and animal health or the environment in the context of its intended uses.
(5) In its opinion, EFSA considered all the specific questions and concerns raised by the Member States in the context of the consultation of the national competent authorities as provided for by Articles 6(4) and 18(4) of Regulation (EC) No 1829/2003.
(6) In its opinion, EFSA also concluded that the environmental monitoring plan, consisting of a general surveillance plan, submitted by the applicant is in line with the intended uses of the products. In addition, EFSA recommended a post-market monitoring plan to be implemented, focusing on the collection of consumption data for the European population.
(7) Taking into account those considerations, authorisation should be granted to the products.
(8) A unique identifier should be assigned to each genetically modified organism (‘GMO’) as provided for in Commission Regulation (EC) No 65/2004(4).
(9) Food, food ingredients and feed containing, consisting of, or produced from soybean 305423 should be labelled in accordance with the requirements provided for in Articles 13(1) and 25(2) of Regulation (EC) No 1829/2003.
(10) On the basis of the EFSA opinion, confirming that fatty acid composition of the seeds of soybean 305423 and derived oil has been changed in relation to the conventional counterpart, a specific labelling appears to be necessary in accordance with Articles 13(2)(a) and 25(2)(c) of Regulation (EC) No 1829/2003.
(11) In order to ensure the use of the products within the limits of the authorisation provided for by this Decision, the labelling of products containing or consisting of the GMO for which authorisation is requested, with the exception of food products, should be complemented by a clear indication that the products in question must not be used for cultivation.
(12) Regulation (EC) No 1830/2003 of the European Parliament and of the Council(5)lays down labelling requirements in Article 4(6) for products containing or consisting of GMOs. Traceability requirements for products containing or consisting of GMOs are laid down in paragraphs 1 to 5 of Article 4 and those for food and feed produced from GMOs are laid down in Article 5 of that Regulation.
(13) The authorisation holder should submit annual reports on the implementation and the results of the activities set out in the monitoring plan for environmental effects. Those results should be presented in accordance with Commission Decision 2009/770/EC(6). The EFSA opinion does not justify the imposition of specific conditions for the protection of particular ecosystems/environment and/or geographical areas, as provided for in point (e) of Article 6(5) and Article 18(5) of Regulation (EC) No 1829/2003.
(14) The authorisation holder should also submit annual reports on the implementation and the results of the activities set out in the post-market monitoring plan.
(15) All relevant information on the authorisation of the products should be entered in the Community register of genetically modified food and feed, as provided for in Regulation (EC) No 1829/2003.
(16) This Decision is to be notified through the Biosafety Clearing-House to the Parties to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, pursuant to Article 9(1) and point (c) of Article 15(2) of Regulation (EC) No 1946/2003 of the European Parliament and of the Council(7).
(17) The Standing Committee on the Food Chain and Animal Health has not delivered an opinion within the time limit laid down by its Chairman. An implementing act was deemed to be necessary and the chair submitted the draft implementing act to the appeal committee for further deliberation. The appeal committee did not deliver an opinion,
HAS ADOPTED THIS DECISION:

Genetically modified organism and unique identifier
Article 1
Genetically modified 305423 soybean (Glycine max(L.) Merr.), as specified in point (b) of the Annex to this Decision, is assigned the unique identifier DP-3Ø5423-1, as provided for in Regulation (EC) No 65/2004.

Authorisation
Article 2
The following products are authorised for the purposes of Articles 4(2) and 16(2) of Regulation (EC) No 1829/2003 in accordance with the conditions set out in this Decision:
(a)
foods and food ingredients containing, consisting of, or produced from DP-3Ø5423-1 soybean;
(b)
feed containing, consisting of, or produced from DP-3Ø5423-1 soybean;
(c)
DP-3Ø5423-1 soybean in products containing it or consisting of it for any other use than (a) and (b), with the exception of cultivation.

Labelling
Article 3
1. For the purposes of the labelling requirements laid down in Articles 13(1) and 25(2) of Regulation (EC) No 1829/2003 and in Article 4(6) of Regulation (EC) No 1830/2003, the ‘name of the organism’ shall be ‘soybean’.
2. For the purposes of the labelling requirements laid down in Articles 13(2)(a) and 25(2)(c) of Regulation (EC) No 1829/2003, the words ‘with increased monounsaturated fat and reduced polyunsaturated fat’ shall appear after the name of the organism on the label or, where appropriate, in the documents accompanying the products.
3. The words ‘not for cultivation’ shall appear on the label of and in documents accompanying products containing or consisting of DP-3Ø5423-1 soybean with the exception of products referred to in point (a) of Article 2.

Monitoring for environmental effects
Article 4
1. The authorisation holder shall ensure that the monitoring plan for environmental effects, as set out in point (h) of the Annex, is put in place and implemented.
2. The authorisation holder shall submit to the Commission annual reports on the implementation and the results of the activities set out in the monitoring plan in accordance with Decision 2009/770/EC.

Post-market monitoring in accordance with Article 6(5)(e) of Regulation (EC) No 1829/2003
Article 5
1. The authorisation holder shall ensure that the post-market monitoring plan of the DP-3Ø5423-1 soybean oil, as set out in point (g) of the Annex, is put in place and implemented.
2. The authorisation holder shall submit to the Commission annual reports on the implementation and the results of the activities set out in the post-market monitoring plan for the duration of the authorisation.

Community register
Article 6
The information set out in the Annex to this Decision shall be entered in the Community register of genetically modified food and feed, as provided for in Article 28 of Regulation (EC) No 1829/2003.

Authorisation holder
Article 7
The authorisation holder shall be Pioneer Overseas Corporation.

Validity
Article 8
This Decision shall apply for a period of 10 years from the date of its notification.

Addressee
Article 9
This Decision is addressed to Pioneer Overseas Corporation, Avenue des Arts 44, 1040 Brussels, Belgium.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed(1), and in particular Articles 7(3) and 19(3) thereof,
(1) On 14 June 2007, Pioneer Overseas Corporation submitted to the competent authority of the Netherlands an application, in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003, for the placing on the market of foods, food ingredients, and feed containing, consisting of, or produced from 305423 soybean (‘the application’).
(2) The application also covers the placing on the market of 305423 soybean in products consisting of it or containing it for any other uses than food and feed as any other soybean, with the exception of cultivation.
(3) In accordance with Articles 5(5) and 17(5) of Regulation (EC) No 1829/2003, the application includes the data and information required by Annexes III and IV to Directive 2001/18/EC of the European Parliament and of the Council(2)and information and conclusions about the risk assessment carried out in accordance with the principles set out in Annex II to Directive 2001/18/EC. It also includes a monitoring plan for environmental effects conforming with Annex VII to Directive 2001/18/EC.
(4) On 18 December 2013, the European Food Safety Authority (‘EFSA’) gave a favourable opinion in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003(3). It concluded that 305423 soybean, as described in the application, is as safe as its non-genetically modified counterpart with respect to potential effects on human and animal health or the environment in the context of its intended uses.
(5) In its opinion, EFSA considered all the specific questions and concerns raised by the Member States in the context of the consultation of the national competent authorities as provided for by Articles 6(4) and 18(4) of Regulation (EC) No 1829/2003.
(6) In its opinion, EFSA also concluded that the environmental monitoring plan, consisting of a general surveillance plan, submitted by the applicant is in line with the intended uses of the products. In addition, EFSA recommended a post-market monitoring plan to be implemented, focusing on the collection of consumption data for the European population.
(7) Taking into account those considerations, authorisation should be granted to the products.
(8) A unique identifier should be assigned to each genetically modified organism (‘GMO’) as provided for in Commission Regulation (EC) No 65/2004(4).
(9) Food, food ingredients and feed containing, consisting of, or produced from soybean 305423 should be labelled in accordance with the requirements provided for in Articles 13(1) and 25(2) of Regulation (EC) No 1829/2003.
(10) On the basis of the EFSA opinion, confirming that fatty acid composition of the seeds of soybean 305423 and derived oil has been changed in relation to the conventional counterpart, a specific labelling appears to be necessary in accordance with Articles 13(2)(a) and 25(2)(c) of Regulation (EC) No 1829/2003.
(11) In order to ensure the use of the products within the limits of the authorisation provided for by this Decision, the labelling of products containing or consisting of the GMO for which authorisation is requested, with the exception of food products, should be complemented by a clear indication that the products in question must not be used for cultivation.
(12) Regulation (EC) No 1830/2003 of the European Parliament and of the Council(5)lays down labelling requirements in Article 4(6) for products containing or consisting of GMOs. Traceability requirements for products containing or consisting of GMOs are laid down in paragraphs 1 to 5 of Article 4 and those for food and feed produced from GMOs are laid down in Article 5 of that Regulation.
(13) The authorisation holder should submit annual reports on the implementation and the results of the activities set out in the monitoring plan for environmental effects. Those results should be presented in accordance with Commission Decision 2009/770/EC(6). The EFSA opinion does not justify the imposition of specific conditions for the protection of particular ecosystems/environment and/or geographical areas, as provided for in point (e) of Article 6(5) and Article 18(5) of Regulation (EC) No 1829/2003.
(14) The authorisation holder should also submit annual reports on the implementation and the results of the activities set out in the post-market monitoring plan.
(15) All relevant information on the authorisation of the products should be entered in the Community register of genetically modified food and feed, as provided for in Regulation (EC) No 1829/2003.
(16) This Decision is to be notified through the Biosafety Clearing-House to the Parties to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, pursuant to Article 9(1) and point (c) of Article 15(2) of Regulation (EC) No 1946/2003 of the European Parliament and of the Council(7).
(17) The Standing Committee on the Food Chain and Animal Health has not delivered an opinion within the time limit laid down by its Chairman. An implementing act was deemed to be necessary and the chair submitted the draft implementing act to the appeal committee for further deliberation. The appeal committee did not deliver an opinion,
HAS ADOPTED THIS DECISION:

Genetically modified organism and unique identifier

Genetically modified 305423 soybean (Glycine max(L.) Merr.), as specified in point (b) of the Annex to this Decision, is assigned the unique identifier DP-3Ø5423-1, as provided for in Regulation (EC) No 65/2004.

Authorisation

The following products are authorised for the purposes of Articles 4(2) and 16(2) of Regulation (EC) No 1829/2003 in accordance with the conditions set out in this Decision:
(a)
foods and food ingredients containing, consisting of, or produced from DP-3Ø5423-1 soybean;
(b)
feed containing, consisting of, or produced from DP-3Ø5423-1 soybean;
(c)
DP-3Ø5423-1 soybean in products containing it or consisting of it for any other use than (a) and (b), with the exception of cultivation.

Labelling

1. For the purposes of the labelling requirements laid down in Articles 13(1) and 25(2) of Regulation (EC) No 1829/2003 and in Article 4(6) of Regulation (EC) No 1830/2003, the ‘name of the organism’ shall be ‘soybean’.
2. For the purposes of the labelling requirements laid down in Articles 13(2)(a) and 25(2)(c) of Regulation (EC) No 1829/2003, the words ‘with increased monounsaturated fat and reduced polyunsaturated fat’ shall appear after the name of the organism on the label or, where appropriate, in the documents accompanying the products.
3. The words ‘not for cultivation’ shall appear on the label of and in documents accompanying products containing or consisting of DP-3Ø5423-1 soybean with the exception of products referred to in point (a) of Article 2.

Monitoring for environmental effects

1. The authorisation holder shall ensure that the monitoring plan for environmental effects, as set out in point (h) of the Annex, is put in place and implemented.
2. The authorisation holder shall submit to the Commission annual reports on the implementation and the results of the activities set out in the monitoring plan in accordance with Decision 2009/770/EC.

Post-market monitoring in accordance with Article 6(5)(e) of Regulation (EC) No 1829/2003

1. The authorisation holder shall ensure that the post-market monitoring plan of the DP-3Ø5423-1 soybean oil, as set out in point (g) of the Annex, is put in place and implemented.
2. The authorisation holder shall submit to the Commission annual reports on the implementation and the results of the activities set out in the post-market monitoring plan for the duration of the authorisation.

Community register

The information set out in the Annex to this Decision shall be entered in the Community register of genetically modified food and feed, as provided for in Article 28 of Regulation (EC) No 1829/2003.

Authorisation holder

The authorisation holder shall be Pioneer Overseas Corporation.

Validity

This Decision shall apply for a period of 10 years from the date of its notification.

Addressee

This Decision is addressed to Pioneer Overseas Corporation, Avenue des Arts 44, 1040 Brussels, Belgium.

(a)   Applicant and authorisation holder

ANNEX
Name | : | Pioneer Overseas Corporation
Address | : | Avenue des Arts 44, 1040 Brussels — BelgiumOn behalf of Pioneer Hi-Bred International, Inc. — 7100 NW 62ndAvenue — P.O. Box 1014 — Johnston, IA 50131-1014 — United States of America.
(b) Designation and specification of the products

1. | Foods and food ingredients containing, consisting of, or produced from DP-3Ø5423-1 soybean.
2. | Feed containing, consisting of, or produced from DP-3Ø5423-1 soybean.
3. | DP-3Ø5423-1 soybean in products containing it or consisting of it for any other use than 1 and 2, with the exception of cultivation.The genetically modified DP-3Ø5423-1 soybean, as described in the application, has a reduced expression of the soybean enzyme omega-6 desaturase, which results in a high oleic acid and reduced linoleic acid profile, and expresses an optimisedGlycine max-hragene, which confers tolerance to acetolactate synthase-inhibiting herbicides.
(c) Labelling

1. | For the purposes of the specific labelling requirements laid down in Articles 13(1) and 25(2) of Regulation (EC) No 1829/2003, and in Article 4(6) of Regulation (EC) No 1830/2003, the ‘name of the organism’ shall be ‘soybean’.
2. | For the purposes of the labelling requirements laid down in Articles 13(2)(a) and 25(2)(c) of Regulation (EC) No 1829/2003, the words ‘with increased monounsaturated fat and reduced polyunsaturated fat’ shall appear after the name of the organism on the label or, where appropriate, in the documents accompanying the products.
3. | The words ‘not for cultivation’ shall appear on the label of and in the documents accompanying products containing or consisting of DP-3Ø5423-1 soybean with the exception of products referred to in point (a) of Article 2.(d) Method for detection

— | Event specific real-time PCR based method for the quantification of DP-3Ø5423-1 soybean.
— | Validated by the EU Reference Laboratory established under Regulation (EC) No 1829/2003 on genomic DNA extracted from soybean seeds, published at http://gmo-crl.jrc.ec.europa.eu/statusofdossiers.aspx
— | Reference Material: ERM-BF426 accessible via the Joint Research Centre (JRC) of the European Commission, the Institute for Reference Materials and Measurements (IRMM) at http://www.irmm.jrc.be/html/reference_materials_catalogue/index.htm(e) Unique identifier
DP-3Ø5423-1
(f) Information required under Annex II to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity
Biosafety Clearing-House, Record ID: see [to be completed when notified].
(g) Conditions or restrictions on the placing on the market, use or handling of the products

Post-market monitoring in accordance with Article 6(5)(e) of Regulation (EC) No 1829/2003

1. | The authorisation holder shall collect the following information:(i)quantities of DP-3Ø5423-1 soybean oil and 305423 soybeans for oil extraction, imported into the European Union for the placing on the market as or in products for food;(ii)in case of import of products mentioned under (i), results of database searches in FAOSTAT database on the quantities of vegetable oil consumption by Member State, including shifts in quantities between the different types of oils consumed. | (i) | quantities of DP-3Ø5423-1 soybean oil and 305423 soybeans for oil extraction, imported into the European Union for the placing on the market as or in products for food; | (ii) | in case of import of products mentioned under (i), results of database searches in FAOSTAT database on the quantities of vegetable oil consumption by Member State, including shifts in quantities between the different types of oils consumed.
(i) | quantities of DP-3Ø5423-1 soybean oil and 305423 soybeans for oil extraction, imported into the European Union for the placing on the market as or in products for food;
(ii) | in case of import of products mentioned under (i), results of database searches in FAOSTAT database on the quantities of vegetable oil consumption by Member State, including shifts in quantities between the different types of oils consumed.
2. | The authorisation holder shall, based on the information collected and reported, review the nutritional assessment conducted as part of the risk assessment.(h) Monitoring plan for environmental effects
Monitoring plan for environmental effects conforming with Annex VII to Directive 2001/18/EC.
[Link:plan published on the internet]
Note:Links to relevant documents may need to be modified over the time. Those modifications will be made available to the public via the updating of the Community register of genetically modified food and feed.

Pending: 32015D0435

17.3.2015 EN Official Journal of the European Union L 72/4
(1) Article 13 of Council Regulation (EU, Euratom) No 1311/2013(2)has established a Contingency Margin of up to 0,03 % of the Gross National Income of the Union.
(2) In accordance with Article 6 of that Regulation, the Commission has calculated the absolute amount of the Contingency Margin for 2014(3).
(3) After having examined all other financial possibilities to react to unforeseen circumstances that have arisen after the multiannual financial framework payment ceiling for 2014 was first established in February 2013, it appears necessary to mobilise the Contingency Margin to complement the payment appropriations in the general budget of the European Union for the financial year 2014, above the payment ceiling.
(4) An amount of EUR 350 million in payment appropriations should be included in the mobilisation of the Contingency Margin pending an agreement on payments for other special instruments.
(5) Having regard to the very particular situation which has arisen this year, the last-resort condition in Article 13(1) of Regulation (EU, Euratom) No 1311/2013 is fulfilled.
(6) To ensure compliance with Article 13(3) of Regulation (EU, Euratom) No 1311/2013, the Commission should present a proposal on the offsetting of the relevant amount in the MFF payment ceilings for one or more future financial years, having due regard to the agreement on payments for other special instruments, and without prejudice to the institutional prerogatives of the Commission,
(a) 2018: EUR 939 411 200;
(b) 2019: EUR 939 411 200;
(c) 2020: EUR 939 411 315.
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management(1), and in particular point 14 thereof,
Having regard to the proposal from the European Commission,
Whereas,
(1) Article 13 of Council Regulation (EU, Euratom) No 1311/2013(2)has established a Contingency Margin of up to 0,03 % of the Gross National Income of the Union.
(2) In accordance with Article 6 of that Regulation, the Commission has calculated the absolute amount of the Contingency Margin for 2014(3).
(3) After having examined all other financial possibilities to react to unforeseen circumstances that have arisen after the multiannual financial framework payment ceiling for 2014 was first established in February 2013, it appears necessary to mobilise the Contingency Margin to complement the payment appropriations in the general budget of the European Union for the financial year 2014, above the payment ceiling.
(4) An amount of EUR 350 million in payment appropriations should be included in the mobilisation of the Contingency Margin pending an agreement on payments for other special instruments.
(5) Having regard to the very particular situation which has arisen this year, the last-resort condition in Article 13(1) of Regulation (EU, Euratom) No 1311/2013 is fulfilled.
(6) To ensure compliance with Article 13(3) of Regulation (EU, Euratom) No 1311/2013, the Commission should present a proposal on the offsetting of the relevant amount in the MFF payment ceilings for one or more future financial years, having due regard to the agreement on payments for other special instruments, and without prejudice to the institutional prerogatives of the Commission,
HAVE ADOPTED THIS DECISION:

Article 1
For the general budget of the European Union for the financial year 2014, the Contingency Margin shall be used to provide the sum of EUR 3 168 233 715 in payment appropriations over and above the payment ceiling of the multiannual financial framework.

Article 2
The sum of EUR 2 818 233 715 shall be offset in three instalments against the margins under the payment ceilings for the following years:
(a)
2018: EUR 939 411 200;
(b)
2019: EUR 939 411 200;
(c)
2020: EUR 939 411 315.
The Commission is invited to present in a timely manner a proposal concerning the remaining amount of EUR 350 million.

Article 3
This decision shall be published in theOfficial Journal of the European Union.

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management(1), and in particular point 14 thereof,
Having regard to the proposal from the European Commission,
Whereas,
(1) Article 13 of Council Regulation (EU, Euratom) No 1311/2013(2)has established a Contingency Margin of up to 0,03 % of the Gross National Income of the Union.
(2) In accordance with Article 6 of that Regulation, the Commission has calculated the absolute amount of the Contingency Margin for 2014(3).
(3) After having examined all other financial possibilities to react to unforeseen circumstances that have arisen after the multiannual financial framework payment ceiling for 2014 was first established in February 2013, it appears necessary to mobilise the Contingency Margin to complement the payment appropriations in the general budget of the European Union for the financial year 2014, above the payment ceiling.
(4) An amount of EUR 350 million in payment appropriations should be included in the mobilisation of the Contingency Margin pending an agreement on payments for other special instruments.
(5) Having regard to the very particular situation which has arisen this year, the last-resort condition in Article 13(1) of Regulation (EU, Euratom) No 1311/2013 is fulfilled.
(6) To ensure compliance with Article 13(3) of Regulation (EU, Euratom) No 1311/2013, the Commission should present a proposal on the offsetting of the relevant amount in the MFF payment ceilings for one or more future financial years, having due regard to the agreement on payments for other special instruments, and without prejudice to the institutional prerogatives of the Commission,
HAVE ADOPTED THIS DECISION:
For the general budget of the European Union for the financial year 2014, the Contingency Margin shall be used to provide the sum of EUR 3 168 233 715 in payment appropriations over and above the payment ceiling of the multiannual financial framework.
The sum of EUR 2 818 233 715 shall be offset in three instalments against the margins under the payment ceilings for the following years:
(a)
2018: EUR 939 411 200;
(b)
2019: EUR 939 411 200;
(c)
2020: EUR 939 411 315.
The Commission is invited to present in a timely manner a proposal concerning the remaining amount of EUR 350 million.
This decision shall be published in theOfficial Journal of the European Union.

Pending: 32015D0190

7.2.2015 EN Official Journal of the European Union L 31/25
(1) Article 300(3) of the Treaty requires that members or alternate members of the Committee of the Regions, besides being representatives of regional or local bodies, either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly.
(2) Article 305 of the Treaty provides for the members of the Committee of the Regions and an equal number of alternate members to be appointed by the Council for five years in accordance with the proposals made by each Member State.
(3) As the term of office of the members and alternate members of the Committee of the Regions expired on 25 January 2015, it was necessary to appoint new members and alternate members.
(4) On 26 January 2015, the Council adopted Decision (EU) 2015/116(2)appointing the members and alternate members proposed by the Belgian, Bulgarian, Czech, Danish, Estonian, Irish, Greek, Spanish, French, Croatian, Italian, Cypriot, Latvian, Lithuanian, Luxembourg, Hungarian, Maltese, Dutch, Austrian, Portuguese, Romanian, Slovenian, Slovak, Finnish, and Swedish Governments, 23 members and 23 alternate members proposed by the German Government and 18 members and 16 alternate members proposed by the Polish Government for the period from 26 January 2015 to 25 January 2020. Members and alternate members whose nominations had not been communicated to the Council by 22 January 2015 could not be included in Decision (EU) 2015/116.
(5) On 2 February 2015 and on 3 February 2015, the list of members and alternate members proposed by the UK Government as well as the list containing one member and one alternate member proposed by the German Government were submitted to the Council. Those members and alternate members should be appointed for the same period running from 26 January 2015 to 25 January 2020 as the members and alternate members appointed by Decision (EU) 2015/116. This Decision should therefore apply retroactively from 26 January 2015. A third Decision appointing the remaining members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 will be adopted at a later date,
— as members, the persons listed by Member State in Annex I;
— as alternate members, the persons listed by Member State in Annex II.
Cllr Stephen ALAMBRITISLeader of London Borough of Merton
Mr Michael ANTONIWAssembly Member for Pontypridd
Cllr Sir Albert BOREMember of Birmingham City Council
Cllr Robert Charles BRIGHTLeader of Newport City Council
Cllr Anthony Gerard BUCHANANCouncillor East Renfrewshire Council
Cllr Joseph COONEYLeader of Pendle Council
Cllr Andrew Varah COOPERMember of Kirklees Council
Cllr Trevor CUMMINGSMember of Ards Borough Council
Jeremy Roger EVANSAssembly Member Greater London Authority
Ms Megan FEARONMember of the Northern Ireland Assembly
Ms Patricia Josephine FERGUSONConstituency member for Glasgow Maryhill & Springburn
Cllr Robert Ian Neilson GORDONMember of Hertfordshire Council
Cllr Judith HUGHESMember of Kirklees Council
Cllr Gordon Charles KEYMERLeader of Tandridge District Council
Cllr Margaret Ann LISHMANMember of Burnley Council
Cllr Cormack MCCHORDCouncillor for Stirling
Mr William Stewart MAXWELLMSP for West of Scotland
Cllr Kevin PEELMember of Manchester City Council
Cllr Dorothy SHARPEMember of East Riding of Yorkshire Council
Cllr Jill SHORTLANDMember of Somerset Council
Cllr Harvey SIGGSMember of Mendip Council
Cllr Judith Anne WALLACEMember of North Tyneside Council
Cllr Paul WATSONLeader, Sunderland Council
Cllr Emily WESTLEYMember of Hastings Council
Cllr Sanchia ALASIAMember of London Borough of Barking & Dagenham
Jennette ARNOLDAssembly Member Greater London Authority
Cllr Shurma BATSONMember of Stevenage Council
Cllr Zahid Mehmood CHAUHANMember of Oldham Council
Cllr John Paul FINDLOWMember of Cheshire East Council
Cllr Gillian FORDMember of London Borough of Havering
Cllr Barbara GRANTEast Renfrewshire Council
Cllr Suzanne Ellen GROCOTTMember of London Borough of Merton
Cllr Arnold HATCHMember of Craigavon Borough Council
Cllr Doreen HUDDARTMember of Newcastle City Council
Cllr Ronald Arvon HUGHESMember of Conwy County Borough Council
Mr James Robert HUMERegional List member for South of Scotland
Cllr Imran HUSSAINMember of Bradford Council
Cllr Geoffrey KNIGHTMember of Lancaster Council
Sir James Angus Rhoderick MCGRIGORRegional List Member for the Highlands and Islands
Mr Fearghal MCKINNEYMember of the Northern Ireland Assembly
Cllr Robert John PRICELeader of Oxford Council
Cllr Gary ROBINSONLeader Shetland Islands Council
Cllr Linda ROBINSONMember of Wychavon Council
Cllr Sarah Elizabeth RUSSELLMember of Derby Council
Cllr David SHAKESPEAREMember of Wycombe Council
Rhodri Glyn THOMASAssembly Member for Carmarthen East and Dinefwr
Cllr Kay TWITCHENMember of Essex County Council
Cllr Martin John Beresford VEALChairman, Bath & North East Somerset Council
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 300(3) and Article 305 thereof,
Having regard to Council Decision 2014/930/EU of 16 December 2014 determining the composition of the Committee of the Regions(1),
Having regard to the proposals made by each Member State,
(1) Article 300(3) of the Treaty requires that members or alternate members of the Committee of the Regions, besides being representatives of regional or local bodies, either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly.
(2) Article 305 of the Treaty provides for the members of the Committee of the Regions and an equal number of alternate members to be appointed by the Council for five years in accordance with the proposals made by each Member State.
(3) As the term of office of the members and alternate members of the Committee of the Regions expired on 25 January 2015, it was necessary to appoint new members and alternate members.
(4) On 26 January 2015, the Council adopted Decision (EU) 2015/116(2)appointing the members and alternate members proposed by the Belgian, Bulgarian, Czech, Danish, Estonian, Irish, Greek, Spanish, French, Croatian, Italian, Cypriot, Latvian, Lithuanian, Luxembourg, Hungarian, Maltese, Dutch, Austrian, Portuguese, Romanian, Slovenian, Slovak, Finnish, and Swedish Governments, 23 members and 23 alternate members proposed by the German Government and 18 members and 16 alternate members proposed by the Polish Government for the period from 26 January 2015 to 25 January 2020. Members and alternate members whose nominations had not been communicated to the Council by 22 January 2015 could not be included in Decision (EU) 2015/116.
(5) On 2 February 2015 and on 3 February 2015, the list of members and alternate members proposed by the UK Government as well as the list containing one member and one alternate member proposed by the German Government were submitted to the Council. Those members and alternate members should be appointed for the same period running from 26 January 2015 to 25 January 2020 as the members and alternate members appointed by Decision (EU) 2015/116. This Decision should therefore apply retroactively from 26 January 2015. A third Decision appointing the remaining members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 will be adopted at a later date,
HAS ADOPTED THIS DECISION:

Article 1
The following are hereby appointed to the Committee of the Regions for the period from 26 January 2015 to 25 January 2020:
—
as members, the persons listed by Member State in Annex I;
—
as alternate members, the persons listed by Member State in Annex II.

Article 2
This Decision shall enter into force on the date of its adoption.
It shall take effect on 26 January 2015.

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 300(3) and Article 305 thereof,
Having regard to Council Decision 2014/930/EU of 16 December 2014 determining the composition of the Committee of the Regions(1),
Having regard to the proposals made by each Member State,
(1) Article 300(3) of the Treaty requires that members or alternate members of the Committee of the Regions, besides being representatives of regional or local bodies, either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly.
(2) Article 305 of the Treaty provides for the members of the Committee of the Regions and an equal number of alternate members to be appointed by the Council for five years in accordance with the proposals made by each Member State.
(3) As the term of office of the members and alternate members of the Committee of the Regions expired on 25 January 2015, it was necessary to appoint new members and alternate members.
(4) On 26 January 2015, the Council adopted Decision (EU) 2015/116(2)appointing the members and alternate members proposed by the Belgian, Bulgarian, Czech, Danish, Estonian, Irish, Greek, Spanish, French, Croatian, Italian, Cypriot, Latvian, Lithuanian, Luxembourg, Hungarian, Maltese, Dutch, Austrian, Portuguese, Romanian, Slovenian, Slovak, Finnish, and Swedish Governments, 23 members and 23 alternate members proposed by the German Government and 18 members and 16 alternate members proposed by the Polish Government for the period from 26 January 2015 to 25 January 2020. Members and alternate members whose nominations had not been communicated to the Council by 22 January 2015 could not be included in Decision (EU) 2015/116.
(5) On 2 February 2015 and on 3 February 2015, the list of members and alternate members proposed by the UK Government as well as the list containing one member and one alternate member proposed by the German Government were submitted to the Council. Those members and alternate members should be appointed for the same period running from 26 January 2015 to 25 January 2020 as the members and alternate members appointed by Decision (EU) 2015/116. This Decision should therefore apply retroactively from 26 January 2015. A third Decision appointing the remaining members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 will be adopted at a later date,
HAS ADOPTED THIS DECISION:
The following are hereby appointed to the Committee of the Regions for the period from 26 January 2015 to 25 January 2020:
—
as members, the persons listed by Member State in Annex I;
—
as alternate members, the persons listed by Member State in Annex II.
This Decision shall enter into force on the date of its adoption.
It shall take effect on 26 January 2015.

Членове/Miembros/Členové/Medlemmer/Mitglieder/Liikmed/Μέλη/Members/Membres/Članovi/Membri/Locekļi/Nariai/Tagok/Membri/Leden/Członkowie/Membros/Membri/Členovia/Člani/Jäsenet/Ledamöter

ANNEX I
ПРИЛОЖЕНИЕ I — ANEXO I — PŘÍLOHA I — BILAG I — ANHANG I — I LISA — ΠΑΡΑΡΤΗΜΑ Ι — ANNEX I — ANNEXE I — PRILOG I — ALLEGATO I — I PIELIKUMS — I PRIEDAS — I. MELLÉKLET — ANNESS I — BIJLAGE I — ZAŁĄCZNIK I — ANEXO I — ANEXA I — PRÍLOHA I — PRILOGA I — LIITE I — BILAGA I
DEUTSCHLANDFrau Marion WALSMANN
Mitglied des Thüringer Landtags
UNITED KINGDOM
| Cllr Stephen ALAMBRITISLeader of London Borough of Merton
| Mr Michael ANTONIWAssembly Member for Pontypridd
| Cllr Sir Albert BOREMember of Birmingham City Council
| Cllr Robert Charles BRIGHTLeader of Newport City Council
| Cllr Anthony Gerard BUCHANANCouncillor East Renfrewshire Council
| Cllr Joseph COONEYLeader of Pendle Council
| Cllr Andrew Varah COOPERMember of Kirklees Council
| Cllr Trevor CUMMINGSMember of Ards Borough Council
| Jeremy Roger EVANSAssembly Member Greater London Authority
| Ms Megan FEARONMember of the Northern Ireland Assembly
| Ms Patricia Josephine FERGUSONConstituency member for Glasgow Maryhill & Springburn
| Cllr Robert Ian Neilson GORDONMember of Hertfordshire Council
| Cllr Judith HUGHESMember of Kirklees Council
| Cllr Gordon Charles KEYMERLeader of Tandridge District Council
| Cllr Margaret Ann LISHMANMember of Burnley Council
| Cllr Cormack MCCHORDCouncillor for Stirling
| Mr William Stewart MAXWELLMSP for West of Scotland
| Cllr Kevin PEELMember of Manchester City Council
| Cllr Dorothy SHARPEMember of East Riding of Yorkshire Council
| Cllr Jill SHORTLANDMember of Somerset Council
| Cllr Harvey SIGGSMember of Mendip Council
| Cllr Judith Anne WALLACEMember of North Tyneside Council
| Cllr Paul WATSONLeader, Sunderland Council
| Cllr Emily WESTLEYMember of Hastings Council

Заместник-членове/Suplentes/Náhradníci/Suppleanter/Stellvertreter/Asendusliikmed/Αναπληρωτές/Alternate members/Suppléants/Zamjenici članova/Supplenti/Aizstājēji/Pakaitiniai nariai/Póttagok/Membri Supplenti/Plaatsvervangers/Zastępcy członków/Suplentes/Supleanți/Náhradníci/Nadomestni člani/Varajäsenet/Suppleanter

ANNEX II
ПРИЛОЖЕНИЕ II — ANEXO II — PŘÍLOHA II — BILAG II — ANHANG II — II LISA — ΠΑΡΑΡΤΗΜΑ IΙ — ANNEX II — ANNEXE II — PRILOG II — ALLEGATO II — II PIELIKUMS — II PRIEDAS — II. MELLÉKLET — ANNESS II — BIJLAGE II — ZAŁĄCZNIK II — ANEXO II — ANEXA II — PRÍLOHA II — PRILOGA II — LIITE II — BILAGA II
DEUTSCHLANDFrau Dorothea MARX
Mitglied des Thüringer Landtags
UNITED KINGDOM
| Cllr Sanchia ALASIAMember of London Borough of Barking & Dagenham
| Jennette ARNOLDAssembly Member Greater London Authority
| Cllr Shurma BATSONMember of Stevenage Council
| Cllr Zahid Mehmood CHAUHANMember of Oldham Council
| Cllr John Paul FINDLOWMember of Cheshire East Council
| Cllr Gillian FORDMember of London Borough of Havering
| Cllr Barbara GRANTEast Renfrewshire Council
| Cllr Suzanne Ellen GROCOTTMember of London Borough of Merton
| Cllr Arnold HATCHMember of Craigavon Borough Council
| Cllr Doreen HUDDARTMember of Newcastle City Council
| Cllr Ronald Arvon HUGHESMember of Conwy County Borough Council
| Mr James Robert HUMERegional List member for South of Scotland
| Cllr Imran HUSSAINMember of Bradford Council
| Cllr Geoffrey KNIGHTMember of Lancaster Council
| Sir James Angus Rhoderick MCGRIGORRegional List Member for the Highlands and Islands
| Mr Fearghal MCKINNEYMember of the Northern Ireland Assembly
| Cllr Robert John PRICELeader of Oxford Council
| Cllr Gary ROBINSONLeader Shetland Islands Council
| Cllr Linda ROBINSONMember of Wychavon Council
| Cllr Sarah Elizabeth RUSSELLMember of Derby Council
| Cllr David SHAKESPEAREMember of Wycombe Council
| Rhodri Glyn THOMASAssembly Member for Carmarthen East and Dinefwr
| Cllr Kay TWITCHENMember of Essex County Council
| Cllr Martin John Beresford VEALChairman, Bath & North East Somerset Council