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

Article 19 U.K. Surveys and modifications of demarcated areas and lifting of restrictions

1. [F1 The competent] authorities shall at least annually, at appropriate times, carry out a survey of each demarcated area as regards the development of the presence of the pest concerned.

Those surveys shall be carried out in accordance with Article 22(2).

F2 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. [F3 Where appropriate, the competent] authorities shall modify the boundaries of [F4 the infested zones, the buffer zones and the demarcated areas], in view of the results of the surveys referred to in paragraph 1.

4. [F5 The competent] authorities may abolish a demarcated area and terminate the respective eradication measures where the pest-free status of that area has been verified. This will be the case where the following two conditions are fulfilled:

(a) the survey referred to in paragraph 1 shows that the area has been found to be free from the pest concerned; and

(b) the pest concerned has not been found to be present in that demarcated area for a sufficiently long period.

5. When deciding on the modifications referred to in paragraph 3 or the abolition of the demarcated area referred to in paragraph 4, the competent authority concerned shall take into account at least the following factors:

(a) the biology of the pest and the vector concerned;

(b) the presence of host plants;

(c) the ecoclimatic conditions; and

(d) the likelihood of the eradication measures having been successful.

6. By way of derogation from paragraph 1 of this Article, annual surveys shall not be required to be carried out in the infested zone of demarcated areas established for:

(a) pests subject to eradication measures requiring eight years or more;

(b) pests subject to [F6 containment measures, where applicable].

7. [F7 The appropriate authority may by regulations supplement] this Regulation by further specifying the pests referred to in point (a) of paragraph 6 of this Article and in point (b) of Article 16 and conditions for the application of those derogations.

Textual Amendments

F1 Words in Art. 19(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(18)(a) (with regs. 53, 55)

F2 Art. 19(2) 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(18)(b) (with regs. 53, 55)

F3 Words in Art. 19(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(18)(c)(i) (with regs. 53, 55)

F4 Words in Art. 19(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(18)(c)(ii) (with regs. 53, 55)

F5 Words in Art. 19(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(18)(d) (with regs. 53, 55)

F6 Words in Art. 19(6)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(18)(e) (with regs. 53, 55)

F7 Words in Art. 19(7) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(18)(f) (with regs. 53, 55)