Article 19 Surveys and modifications of demarcated areas and lifting of restrictions
United Kingdom
F1The 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).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5The 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:
the survey referred to in paragraph 1 shows that the area has been found to be free from the pest concerned; and
the pest concerned has not been found to be present in that demarcated area for a sufficiently long period.
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:
the biology of the pest and the vector concerned;
the presence of host plants;
the ecoclimatic conditions; and
the likelihood of the eradication measures having been successful.
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:
pests subject to eradication measures requiring eight years or more;
pests subject to F6containment measures, where applicable.
F7The 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.
Annotations
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)
Notes on Section 2
Textual amendments
- F1
Word in Ch. 2 Section 2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(2) (with regs. 53, 55)