{
  "url": "https://openlegislation.uk/eu-decision-2010-467/article-1",
  "json_url": "https://openlegislation.uk/eu-decision-2010-467/article-1.json",
  "legislation": "eudn/2010/467",
  "legislation_title": "Commission Decision of 17 August 2010 amending Decision 2007/365/EC as regards the susceptible plants and the measures to be taken in cases where Rhynchophorus ferrugineus (Olivier) is detected (notified under document C(2010) 5640) (2010/467/EU)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2010-467",
  "path": "article/1",
  "kind": "article",
  "number": "1",
  "heading": null,
  "text": "Decision 2007/365/EC is amended as follows:\n1.. In Article 1, point (b) is replaced by the following:\n(b) ‘“susceptible plants” means plants, other than fruit and seeds, having a diameter of the stem at the base of over 5 cm of Areca catechu, Arecastrum romanzoffianum (Cham) Becc, Arenga pinnata, Borassus flabellifer, Brahea armata, Butia capitata, Calamus merillii, Caryota maxima, Caryota cumingii, Chamaerops humilis, Cocos nucifera, Corypha gebanga, Corypha elata, Elaeis guineensis, Howea forsteriana, Jubea chilensis, Livistona australis, Livistona decipiens, Metroxylon sagu, Oreodoxa regia, Phoenix canariensis, Phoenix dactylifera, Phoenix theophrasti, Phoenix sylvestris, Sabal umbraculifera, Trachycarpus fortunei and Washingtonia spp.;’\n2.. Article 5 is replaced by the following:\n‘Surveys and notifications\nArticle 5 1. Member States shall conduct official annual surveys for the presence of the specified organism or evidence of infestation by the specified organism on plants of Palmae in their territory.\nWithout prejudice to Article 16(2) of Directive 2000/29/EC, the results of those surveys shall be notified to the Commission and to the other Member States by 28 February of each year. In Member States in which the specified organism is present that notification shall be accompanied by:\n(a) an up-to-date version of the action plans adopted in accordance with Article 6(1);\n(b) an up-to-date list of the demarcated areas established in accordance with Article 6(1), including updated information on their description and location (including maps).\n2. Member States shall ensure that any suspected or actual appearance of the specified organism in an area within their territory shall immediately be notified to the responsible official body of the Member State concerned.\n3. Without prejudice to Article 16(2) of Directive 2000/29/EC, Member States shall in any case, within five days and in writing, notify the Commission and the other Member States of the actual appearance of the specified organism in an area within its territory where its presence was previously unknown.’\n3.. Article 6 is replaced by the following:\n‘Eradication measures, demarcated areas and action plans\nArticle 6 1. Where, from the results of the surveys referred to in Article 5(1), the notifications referred to in Article 5(2) or information from any other source, there is evidence of the presence of the specified organism in the territory of a Member State, that Member State shall without delay:\n(a) define a demarcated area in accordance with point 1 of Annex II;\n(b) establish and implement an action plan in that demarcated area in accordance with point 3 of Annex II, including official measures in accordance with point 2 of Annex II.\n2. When a Member State defines a demarcated area and establishes an action plan in accordance with paragraph 1, it shall notify them to the Commission and the other Member States within one month of the notification according to Article 5, paragraph 3. This notification shall include a description of that demarcated area, a map and that action plan.\n3. Member States shall ensure that the action plan and the technical measures referred to in paragraph 1(b) are implemented by technically qualified and duly authorised public servants and/or qualified agents or operators or, at least, under direct supervision of the responsible official bodies.\n4. Member States may deviate from the obligation to define a demarcated area referred to in paragraph 1(a), in cases where the surveys referred to in Article 5(1), the notifications referred to in Article 5(2) or information from any other source has provided evidence that:\n(a) only plants belonging to one consignment of susceptible plants were identified as infested in an area with a radius of 10 km around those infested plants, in which area the specified organism was previously not known to occur;\n(b) that consignment was introduced into the area concerned less than 5 months ago and it had already been infested before introduction; and\n(c) taking into account sound scientific principles, the biology of the specified organism, the level of infestation, the period of the year and the particular distribution of susceptible plants in the Member State concerned, no risk of spreading of the specified organism has occurred since the introduction of the infested consignment in the area.\nIn such cases, Member States shall establish an action plan in accordance with point 3 of Annex II, but may decide not to define a demarcated area and to limit the official measures referred to in point 3 of Annex II to the destruction of the infested material, carrying out an intensified survey programme in an area of at least 10 km around the infestation and the tracing of related plant material.’\n4.. The Annexes to Decision 2007/365/EC are amended in accordance with the Annex to this Decision.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2010/467/article/1",
    "retrieved_at": "2026-11-01T15:16:01.870148+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}