S.L. 433.3 Art. 4MEmergency measures issued in terms of Commission Implementing Decision 2012/ 270/EU.

(1) (a) For the purpose of this regulation, "the specified organisms" means (Harris), sp. n., Epitrix cucumeris Epitrix papa

(Lec.) and (Gentner). Epitrix subcrinita Epitrix tuberis

(b) the specified organisms shall not be introduced into or spread within Malta.

(2) Tubers of L., including those intended Solanum tuberosum for planting, hereinafterreferred to as "potato tubers", originating in third countries where one or more of the specified organisms are known to be present may only be introduced into the Union if they comply with the specific import requirements, as set out in point (1) of Schedule XXVII (b) on entry into the Union potato tubers shall be inspected by the inspectors of the Directorate in accordance with point (5) of Schedule XXVII.

(3) (a) potato tubers originating in demarcated areas within the Union established in accordance with Article 5 of Commission Implementing Decision 2012/270/EU as amended, packed within those areas or at the facilities referred to in sub-regulation (5), may be moved within the Union only if they meet the conditions, as set out in point (1) of Section 2 of Schedule XXVII;

(b) potato tubers originating in a demarcated area, may be moved from that demarcated area to a packing facility fulfilling the requirements of sub-regulation (5) which is in the vicinity of that demarcated area provided that the conditions set out in point (2) of Section 2 of Schedule XXVII are fulfilled. Potato tubers may be stored at that facility;

(c) in the case of paragraph (b), the Directorate shall carry out the following actions:

(i) intensive monitoring for the presence of the specified organisms and of the signs of infestation by those organisms on potato tubers, through appropriate inspections on potato plants and, where appropriate, other host plants, including fields where those plants are growing, within at least a radius of 100 m of the packing facility; and

(ii) activities to raise public awareness concerning the threat of the specified organisms and the measures adopted to prevent its introduction into and spread within the Union in the vicinity of the packing facility;

(d) potato tubers introduced into the Union in accordance with sub-regulation (2) from third countries where one or more of the specified organisms are known to be present, may be moved within the Union only if they meet the conditions, as set out in point (3) of Section

(2) of Schedule XXVII.

(4) The Directorate shall ensure that:

(a) any vehicle and packaging having been used to transport the potato tubers originating in a demarcated area prior to fulfilment of point 1(b) of Section 2 of Schedule XXVII is decontaminated and cleaned in an appropriate manner in the following cases:

(i) before they are moved outside the demarcated area; and

(ii) before they leave a packing facility, as referred to in sub-regulation (3)(b).

(b) machinery used to handle the potato tubers referred to in sub-regulation (1) in a packing facility referred to in sub-regulation (3)(b) is decontaminated and cleaned in an appropriate manner after each use.

(c) the waste soil, or other waste material, resulting from the fulfilment of the requirements of sub-regulation (3) and sub-regulations (4)(1)(a) and (4)(1)(b) is disposed of in such a manner to ensure that the specified organisms cannot establish or spread outside a demarcated area.

(5) Packing facilities located outside the demarcated areas concerned and handling potato tubers originating in such areas, as referred to in sub-regulation(3)(1), shall fulfil the following requirements:

(a) they are authorised by the Directorate to pack potato tubers originating in a demarcated area; and

(b) they keep, for one year from the time of arrival of the potato tubers at that facility, records of the potato tubers handled which originate in demarcated areas.

(6) (1) The Directorate shall conduct annual official surveys for the presence of the specified organisms and the signs of infestation by those organisms on potato tubers and, where appropriate, other host plants, including fields where potato tubers are growing, in their territory. The Directorate shall notify the results of those surveys to the Commission and the other Member States by 30th April of each year.

(2) Any presence or suspected occurrence of a specified organism, or of the signs of infestation by that organism on potato tubers, shall immediately be notified to the Directorate.