The Plant Health (EU Exit) Regulations 2019

PART C Measures to be taken in a demarcated area

10.  Where an area is demarcated under paragraph 3, the appropriate UK plant health authority must ensure that measures are taken within the demarcated area to eradicate the plant pest in the area or, where it has concluded that eradication of the plant pest is longer possible, to contain the spread of the plant pest from the area.

11.  The eradication measures must include—

(a) the felling of all infested plants and plants with symptoms caused by the plant pest, and the complete removal of their roots if larval galleries are observed below the root collar of the infested plants, at the appropriate time;

(b) the felling of all susceptible plants within a radius of 100 m of an infested plant, other than any plant to which sub-paragraph (d) applies, and the examination of those plants for any sign of infestation;

(c) the removal, examination and disposal of plants felled in accordance with sub-paragraphs (a) and (b), and where necessary their roots, taking all necessary precautions to avoid the spread of the plant pest during and after felling;

(d) in any case where the appropriate UK plant health authority concludes that the felling and disposal of any infested plant, any plant with symptoms caused by the plant pest or any susceptible plant within a radius of 100 m of an infested plant would not be appropriate due to the particular social, cultural or environmental value of the plant, regular detailed examination of any sign of infestation and the application of measures equivalent to its felling and disposal to prevent any possible spread of the plant pest from the plant;

(e) the prohibition of any movement of potentially infested plants out of the demarcated area;

(f) the tracing back to the origin of the infestation and the tracing of plants and wood associated with the infestation as far as possible, along with examinations of the plants and wood traced for any sign that they are infested with the plant pest, which must include targeted destructive sampling;

(g) where appropriate, the replacement of susceptible plants by other plants;

(h) the prohibition on the planting of susceptible plants in the open air within a radius of 100 m of an infested plant, except in a place of production authorised by an appropriate UK plant health authority;

(i) intensive monitoring for the presence of the plant pest on host plants by annual inspections at appropriate times on host plants, with specific focus on the buffer zone, which must include at least one inspection a year using techniques capable of detecting infestation at crown height and, where appropriate, targeted destructive sampling;

(j) activities to raise public awareness of the threat of the plant pest and the measures adopted to prevent its introduction into and spread within the relevant UK territory, including the conditions relating to the movement of susceptible plants and susceptible wood from the demarcated area;

(k) where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay eradication of the plant pest; and

(l) any other measure which may contribute the eradication of the plant pest, taking account of the guidelines in ISPM No. 9 and ISPM No. 14.

12.  The containment measures must include—

(a) the following measures—

(i) the felling of all infested plants and plants with symptoms caused by the plant pest and the complete removal of their roots if larval galleries are observed below the root collar of the infested plants, at the appropriate time; and

(ii) the removal, examination and disposal of plants felled in accordance with paragraph (i) and, where necessary, their roots, taking all necessary precautions to avoid the spread of the plant pest after felling; or

(b) the prohibition of any movement of potentially infested plants out of the demarcated area;

(c) where appropriate, the replacement of susceptible plants by other plants;

(d) the prohibition on the planting of susceptible plants in the open air within a radius of 100 m of an infested plant, except in a place of production authorised by the appropriate UK plant health authority;

(e) intensive monitoring for the presence of the plant pest on host plants, with specific focus on the buffer zone, which must include at least one inspection a year using techniques capable of detecting infestation at crown height and, where appropriate, targeted destructive sampling;

(f) activities to raise public awareness of the threat of the plant pest and the measures adopted to prevent its introduction into and spread within the relevant UK territory, including the conditions relating to the movement of susceptible plants and susceptible wood from the demarcated area;

(g) where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay eradication of the plant pest; and

(h) any other measure which may contribute to the containment of the plant pest.

13.  The appropriate UK plant health authority must set time periods for the implementation of the eradication and containment measures to be carried out.

14.  The appropriate UK plant health authority may only conclude that it is not possible to eradicate the plant pest from a demarcated area where the results of official surveys carried out over the relevant period have confirmed the presence of the plant pest in the demarcated area and there is evidence that the plant pest can no longer be eradicated from the area.