S.L. 433.33 Art. 9Containment measures.

(1) By way of derogation from regulation 8, only in an infected zone included in the list published in the Government Gazette and on the Directorate’s website, and which is updated accordingly from time to time, the Director may decide to apply the containment measures, as set out in sub-regulations (2) to (7), hereinafter referred to as "containment area".

(2) The Director shall authorise the removal of all plants which have been found to be infected by the specified organism on the basis of the official surveys referred to in sub-regulation (7).

That removal shall take place immediately after the official identification of the presence of the specified organism. All necessary precautions shall be taken to avoid spreading of the specified organism during and after removal.

(3) The Director shall order, within a radius of 100m around the plants referred to in sub-regulation (2) and which have been found to be infected by the specified organism, the sampling and testing of the host plants, in accordance with the International Standard for Phytosanitary Measures ISPM No. 31. That testing shall be carried out at regular intervals and at least, twice a year.

(4) The Director shall order that appropriate phytosanitary treatments are applied prior to the removal of plants referred to in sub-regulation (2) against the vectors of the specified organism and plants that may host those vectors. Those treatments may include, as appropriate, removal of plants.

(5) The Director shall order that, in situ or in a nearby location designated for this purpose within the containment area, the plants and parts of plants referred to in sub-regulation (2) are destroyed in a manner ensuring that the specified organism is not spread.

(6) The Director shall order that appropriate agricultural practices are applied for the management of the specified organism and its vectors.

(7) The Directorate shall monitor the presence of the specified organism by annual official surveys taking into account the technical guidelines for the survey of Xylella fastidiosa provided on the Commission website), at least in the following locations:

(a) in the proximity of the sites referred to in regulation 10(2);

(b) in the proximity of the sites of plants with particular cultural, social or scientific value;

(c) within an infected zone included in the list published in the Gazette and on the Directorate’s website, and which is updated accordingly from time to time, and situated within an area measuring at least 20km from the border of that infected zone with the rest of the Union territory.

Those surveys shall be based on a grid split into 100m × 100m squares. In each of those squares, the Member State concerned shall carry out visual inspections of the specified plants and sample and test symptomatic plants, as well as asymptomatic plants in the proximity of the symptomatic ones, in accordance with the respective provisions of regulation 4(1), (2) and (3).

The Directorate shall immediately notify the Commission and the other Member States of any official identification of the presence of the specified organism in the locations referred to in paragraph (c).

Paragraph (c) above shall not apply in the case of islands which are entirely containment areas and are situated more than 10km to the nearest Union land territory.