Art. 19

02016R2031-20191214 → 02016R2031-20250105

Article 19 Surveys and modifications of demarcated areas and lifting of restrictions 1. 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). 2. Where, whether or not as a result of a survey as referred to in paragraph 1, a competent authority finds a presence of the pest concerned in the buffer zone, the Member State concerned shall immediately notify the Commission and the other Member States thereof. 3. Competent authorities shall modify the boundaries of infested zones, buffer zones and demarcated areas, where appropriate, in view of the results of the surveys referred to in paragraph 1. 4. 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: (a) the survey referred to in paragraph 1 shows that the area has been found to be free from the pest concerned; and (b) the pest concerned has not been found to be present in that demarcated area for a sufficiently long period. 5. 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: (a) the biology of the pest and the vector concerned; (b) the presence of host plants; (c) the ecoclimatic conditions; and (d) the likelihood of the eradication measures having been successful. 6. 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: (a) pests subject to eradication measures requiring eight years or more; (b) pests subject to the containment measures referred to in Article 28(2). 7. The Commission is empowered to adopt delegated acts in accordance with Article 105 supplementing 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.8. The finding of a presence of the pest concerned in the buffer zone referred to in paragraph 2 of this Article and the abolition of the demarcated areas referred to in paragraph 4 of this Article shall be notified through the electronic notification system referred to in Article 103.