Regulation (EU) 2016/2031 of the European Parliament of the CouncilShow full title

Article 18 U.K. Establishment of demarcated areas

1. Where one of the situations referred to in points (a) and (b) of [F1 Article 11(2)] is officially confirmed, the competent authority shall immediately establish one or more areas where the eradication measures referred to in Article 17(1) are to be taken (‘demarcated area’).

The demarcated area shall consist of an infested zone and a buffer zone.

2. The infested zone shall, as applicable, contain:

(a) all plants known to be infested by the pest concerned;

(b) all plants showing signs or symptoms indicating possible infestation by that pest;

(c) all other plants liable to have been or become contaminated or infested by that pest, including plants liable to be infested due to their susceptibility to that pest and their close proximity to infested plants or common source of production, if known, with infested plants, or plants grown from them;

(d) land, soil, water courses or other elements infested, or liable to be infested, by the pest concerned.

3. The buffer zone shall be adjacent to the infested zone and shall surround it.

Its extent shall be appropriate in view of the risk of the pest concerned spreading out of the infested zone naturally or by human activities in the infested zone and its surroundings, and shall be decided in accordance with the principles set out in Section 2 of Annex II.

However, where any risk of the pest spreading out of the infested zone is eliminated or reduced to an acceptable level through natural or artificial barriers, no buffer zone shall be required to be established.

4. By way of derogation from paragraph 1, where upon initial examination the competent authority concludes, in view of the nature of the pest, the plant, plant product or other object concerned and the site where it was found, that the pest concerned can be eliminated immediately, the competent authority may decide not to establish a demarcated area.

In that case, it shall carry out a survey to determine whether any further plants or plant products have been infested. On the basis of that survey, the competent authority shall determine whether there is a need to establish a demarcated area.

[F2 4A. Where, in accordance with paragraph 2 or 3, the competent authority determines that a demarcated area should extend to or be established in another territory of Great Britain, it must immediately inform the competent authority in relation to that other territory of the extent of the proposed demarcated area.

4B. Where, in accordance with paragraph 4A, the competent authority in relation to that other territory is informed that a demarcated area should extend to or be established in the territory for which it is responsible, it may, in accordance with paragraphs 2 to 4, establish an appropriate demarcated area in the territory for which it is responsible.]

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Textual Amendments

F1 Words in Art. 18(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(17)(a) (with regs. 53, 55)

F2 Art. 18(4A)(4B) inserted (20.12.2022) by The Plant Health and Trade in Animals and Related Products (Amendment) Regulations 2022 (S.I. 2022/1367), regs. 1(1), 2(3)

F3 Art. 18(5)(6) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(17)(b) (with regs. 53, 55)