- Latest available (Revised)
- Point in Time (08/11/2012)
- Original (As adopted by EU)
After exit day there will be three versions of this legislation to consult for different purposes. The legislation.gov.uk version is the version that applies in the UK. The EU Version currently on EUR-lex is the version that currently applies in the EU i.e you may need this if you operate a business in the EU.
The web archive version is the official version of this legislation item as it stood on exit day before being published to legislation.gov.uk and any subsequent UK changes and effects applied. The web archive also captured associated case law and other language formats from EUR-Lex.
Version Superseded: 31/12/2020
Point in time view as at 08/11/2012.
There are currently no known outstanding effects for the Commission Implementing Decision of 8 November 2012 as regards measures to prevent the introduction into and the spread within the Union of the genus Pomacea (Perry) (notified under document C(2012) 7803) (2012/697/EU).
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
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 third sentence of Article 16(3), thereof,
Whereas:
(1) Spain has informed the Commission that Pomacea insularum is present in one region of that Member State.
(2) It appears from an assessment carried out by the Commission on the basis of a pest risk analysis produced by Spain and of a scientific opinion(2) and a statement(3) of the European Food Safety Authority that the genus Pomacea (Perry) causes harmful effects on aquatic plants. Difficulty in taxonomic identification of the different species and the fact that it cannot be excluded that all species are harmful, make it necessary to regulate the genus Pomacea (Perry). That genus is neither listed in Annex I nor in Annex II to Directive 2000/29/EC.
(3) Given the risk of spreading the specified organism to fields and watercourses and the absence of less restrictive measures efficiently combating the threat posed by that organism, it is necessary to prohibit the introduction into and the spread within the Union of that genus.
(4) Measures should also be provided for concerning the introduction into and the movement within the Union of plants for planting, excluding seeds, that can only grow in water or soil that is permanently saturated with water.
(5) Surveys for the presence of the genus Pomacea (Perry) should be carried out in areas where the specific organism is likely to be found and the results notified.
(6) Member States should establish demarcated areas in cases where the genus Pomacea (Perry) is found to be present in fields and watercourses in order to eradicate the organisms concerned and to ensure intensive monitoring for their presence.
(7) Member States should, if necessary, adapt their legislation in order to comply with this Decision.
(8) This Decision should be reviewed by 28 February 2015.
(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:
The genus Pomacea (Perry), hereinafter ‘the specified organism’, shall not be introduced into or spread within the Union.
Plants for planting, excluding seeds, that can only grow in water or soil that is permanently saturated with water, hereinafter ‘the specified plants’, originating in third countries may be introduced into the Union if they comply with the requirements, as set out in point (1) of Section 1 of Annex I.
On entry into the Union the specified plants shall be inspected by the responsible official body in accordance with point (2) of Section I of Annex I.
Specified plants originating in demarcated areas established in accordance with Article 5 may be moved within the Union if they meet the conditions, as set out in Section 2 of Annex I.
1.Member States shall conduct annual surveys for the presence of the specified organism on rice plants and, where appropriate, other specified plants in fields and watercourses.
Member States shall notify the results of those surveys to the Commission and to the other Member States by 31 December of each year.
2.If the specified organism is found or suspected to be present in fields and watercourses, it shall immediately be notified to the responsible official bodies.
1.Where based on the results of the surveys referred to in Article 4(1) or other evidence, a Member State finds the specified organism to be present in a field or watercourse in its territory where its presence was previously unknown, that Member State shall without delay establish, or where appropriate amend, a demarcated area consisting of an infested zone and a buffer zone, as set out in Section 1 of Annex II.
In the demarcated area it shall take all measures necessary for the eradication of the specified organism. These measures shall include the measures set out in Section 2 of Annex II.
2.Where a demarcated area is to be established or amended in accordance with paragraph 1, the Member State concerned shall, where appropriate, set up or amend an awareness raising programme.
3.Where, as regards a demarcated area, based on the surveys referred to in Article 4(1), the specified organism has not been found to be present for a period of four consecutive years, the Member State concerned shall confirm that that organism is no longer present in that area and that the area ceases to be demarcated.
4.Where a Member State takes measures in accordance with paragraphs 1, 2 and 3, it shall immediately notify to the Commission and the other Member States the list of demarcated areas, information on their delimitation, including maps showing their location, and a description of the measures applied in those demarcated areas.
Member States shall immediately inform the Commission of the measures they have taken to comply with this Decision.
This Decision shall be reviewed by 28 February 2015.
This Decision is addressed to the Member States.
Done at Brussels, 8 November 2012.
For the Commission
Maroš Šefčovič
Vice-President
Specified plants originating in demarcated areas within the Union may be moved from such areas into non-demarcated areas within the Union if they are accompanied by a plant passport prepared and issued in accordance with Commission Directive 92/105/EEC(5).
Where a part of a cultivated field is in the infested zone, the rest of that field shall be part of the infested zone.
Where the infested zone includes a part of a water course, the buffer zone shall include that water course for a length of at least 1 000 m downstream and 500 m upstream from the location where the specified organism has been found to be present.
Eradication measures taken by Member States in demarcated areas shall include the following:
the removal and destruction of the specified organism;
intensive monitoring for the presence of the specified organism by inspections twice a year with a specific focus on the buffer zone;
Member States shall provide for a hygiene protocol for all used agriculture and aquaculture machinery which may come into contact with the specified organism and be capable of spreading it.
EFSA Journal 2012;10(1):2552.
EFSA Journal 2012;10(4):2645.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.
The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.
For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: