
Article 1 
Implementing Decision (EU) 2015/789 is amended as follows:

((1)) in Article 4(2), the third subparagraph is replaced by the following:
'As regards the presence of the specified organism in the province of Lecce, and in the municipalities, listed in Annex II, the infected zone shall at least include that province and those municipalities, or as applicable, the land registry plots (“Fogli”) of those municipalities.';
((2)) Article 7 is amended as follows:

((a)) paragraph 1 is replaced by the following:
'
1. By way of derogation from Article 6, only in the infected zone referred to in the third subparagraph of Article 4(2), the responsible official body of the Member State concerned may decide to apply the containment measures set out in paragraphs 2 to 7 (hereinafter: “containment area”)';
((b)) in paragraph 2, point (c) is replaced by the following:
'
(c) a location within the infected zone referred to in the third subparagraph of Article 4(2), situated within a distance of 20 km from the border of that infected zone with the rest of the Union territory.
';
((c)) the following paragraph 7 is added:
'
7. The Member State concerned shall monitor the presence of the specified organism by annual surveys at appropriate times during the year in the areas situated within the distance of 20 km as referred to in point (c) of paragraph 2.Those surveys shall be carried out in accordance with the provisions of Article 6(7).';
((3)) Article 8 is deleted;
((4)) in Article 9, paragraph, 1 is replaced by the following:
'
1. This Article shall apply to specified plants, other than plants which have been grown for the entire production cycle in vitro.The movement out of the demarcated areas, and from the infected zones into the respective buffer zones, of specified plants which have been grown for at least part of their life in a demarcated area established in accordance with Article 4, shall be prohibited.';
((5)) the following Article 9a is inserted:
'
Article 9a 

1. Specified plants which have been grown for the entire production cycle in vitro, and for at least part of their life in a demarcated area established in accordance with Article 4, may only be moved out of the demarcated areas, and from the infected zones into the respective buffer zones, if the conditions set out in paragraphs 2 to 5 are fulfilled.
2. The specified plants referred to in paragraph 1 have been grown in a site where all of the following conditions are fulfilled:
(a) it is registered in accordance with Directive 92/90/EEC;
(b) it is authorised by the responsible official body as a site free from the specified organism and its vectors, taking into account the relevant International Standards for Phytosanitary Measures;
(c) it is physically protected against the introduction of the specified organism by its vectors;
(d) it is subjected annually to at least two official inspections carried out at appropriate times;
(e) throughout the time of growth of the specified plants, neither symptoms of the specified organism nor its vectors were found in the site or, if suspect symptoms were observed, tests carried out confirmed the absence of the specified organism.
3. The specified plants referred to in paragraph 1 have been grown in a transparent container under sterile conditions and fulfil one of the following conditions:
(a) they have been grown from seeds;
(b) they have been propagated, under sterile conditions, from mother plants which have spent their entire lives in an area of the Union territory free from the specified organism and which have been tested and found free from the specified organism;
(c) they have been propagated, under sterile conditions, from mother plants which have been grown in a site fulfilling the conditions set out in paragraph 2 and which have been tested and found free from the specified organism.
4. The specified plants referred to in paragraph 1 shall be transported in a transparent container under sterile conditions that precludes the possibility of infection by the specified organism through its vectors.
5. They shall be accompanied by a plant passport prepared and issued in accordance with Directive 92/105/EEC.';
((6)) Article 17 is amended as follows:

((a)) in paragraph 3, the introductory phrase is replaced by the following:
'Where specified plants, other than plants which have been grown for the entire production cycle in vitro originate in an area where the specified organism is known to be present, the phytosanitary certificate shall state under the rubric “Additional Declaration” that:';
((b)) the following paragraph 3a is inserted:
'
3a. Where specified plants, which have been grown for the entire production cycle in vitro, originate in an area where the specified organism is known to be present, the phytosanitary certificate shall state under the rubric “Additional Declaration” that:
(a) the specified plants have been grown in one or more sites fulfilling the conditions set out in paragraph 4a;
(b) the national plant protection organisation of the third country concerned has communicated in writing to the Commission the list of those sites, including their location within the country;
(c) the specified plants have been transported under sterile conditions in a transparent container that precludes the possibility of infection by the specified organism through its vectors;
(d) the specified plants meet one of the following conditions:
((i)) they have been grown from seeds;
((ii)) they have been propagated, under sterile conditions, from mother plants which have spent their entire lives in an area free from the specified organism and which have been tested and found free from the specified organism;
((iii)) they have been propagated, under sterile conditions, from mother plants which have been grown in a site fulfilling the conditions of paragraph 4 and which have been tested and found free from the specified organism.The phytosanitary certificate referred to in point (a) of paragraph 1 shall indicate under the rubric “place of origin” the site referred to in point (a) of this paragraph.';
((c)) the following paragraph 4a is added:
'
4a. The site referred to in point (a) of paragraph 3a shall fulfil all of the following conditions:
(a) it is authorised by the national plant protection organisation as free from the specified organism and its vectors, in accordance with the relevant International Standards for Phytosanitary Measures;
(b) it is physically protected against the introduction of the specified organism by its vectors;
(c) it is subjected annually to at least two official inspections carried out at appropriate times;
(d) throughout the production time of the specified plants, neither symptoms of the specified organism nor its vectors were found in the site, or, if suspect symptoms were observed, testing has been undertaken and absence of the specified organism has been confirmed.';
((7)) in Article 18, paragraphs 2, 3 and 4 are replaced by the following:
'
2. In the case of specified plants originating in a third country, where the specified organism is not present or in an area referred to in Article 17(2), the responsible official body shall carry out the following checks:
(a) a visual inspection; and
(b) in the case of suspicion of the presence of the specified organism, sampling and testing of the lot of the specified plants to confirm the absence of the specified organism or its symptoms.
3. In the case of specified plants, originating in an area where the specified organism is known to be present the responsible official body shall carry out the following checks:
(a) a visual inspection; and
(b) sampling and testing of the lot of the specified plants to confirm the absence of the specified organism or its symptoms.
4. The samples referred to in paragraphs 2(b) and 3(b) shall be of a size that allows identifying with 99 % reliability a level of infected plants of 1 % or above, taking account of ISPM No 31.The first subparagraph shall not apply to specified plants which have been grown for the entire production cycle in vitro and are transported in transparent containers under sterile conditions.';
((8)) Annex I is amended as set out in Annex I to this Decision.
((9)) the Annex set out in Annex II to this Decision is added as Annex II.
Article 2 
This Decision is addressed to the Member States.
Done at Brussels, 12 May 2016.
For the Commission
Vytenis ANDRIUKAITIS
Member of the Commission
ANNEX I

Annex I to Implementing Decision (EU) 2015/789 is amended as follows:

((1)) the following entries are inserted in alphabetical order:

 Ambrosia
 Artemisia arborescens L.
 Coelorachis cylindrica (Michx.) Nash
 Coprosma repens A. Rich.
 Coronilla valentina L.
 Cyperus eragrostis Lam.
 Fagopyrum esculentum Moench
 Lavandula stoechas L.
 Solanum lycopersicum L.
 Metrosideros excelsa Sol. ex Gaertn
 Parthenocissus quinquefolia (L.) Planch.
 Polygala x grandiflora nana
 Rhus
 Rosa x floribunda
 Salvia apiana Jeps.
 Solanum melongena L.
 Solidago fistulosa Mill.
 Ulmus
 Vicia sativa L.
((2)) the following entries are deleted:

 Ambrosia acanthicarpa Hook.
 Ambrosia artemisiifolia L.
 Ambrosia trifida L.
 Rhus diversiloba Torr. & A. Gray
 Ulmus americana L.
 Ulmus crassifolia Nutt.
((3)) the entry ‘Cytisus racemosus Broom’ is replaced by the following:
'Genista x spachiana (syn. Cytisus racemosus Broom)'.

ANNEX II

The following Annex II is added to Implementing Decision (EU) 2015/789:

‘ANNEX II 

1.. Municipalities located in the province of Brindisi:

Brindisi 
Carovigno 
Ceglie Messapica Only land registry plots (Fogli) 11, 20 to 24, 32 to 43, 47 to 62, 66 to 135
Cellino San Marco 
Erchie 
Francavilla Fontana 
Latiano 
Mesagne 
Oria 
Ostuni Only land registry plots (Fogli) 34 to 38, 48 to 52, 60 to 67, 74, 87 to 99, 111 to 118, 141 to 154, 175 to 222
San Donaci 
San Michele Salentino 
San Pancrazio Salentino 
San Pietro Vernotico 
San Vito dei Normanni 
Torchiarolo 
Torre Santa Susanna 
Villa Castelli 
2.. Municipalities located in the province of Taranto:

Avetrana 
Carosino 
Faggiano 
Fragagnano 
Grottaglie Only land registry plots (Fogli) 5, 8, 11 to 14, 17 to 41, 43 to 47, 49 to 89
Leporano Only land registry plots (Fogli) 2 to 6, 9 to 16
Lizzano 
Manduria 
Martina Franca Only land registry plots (Fogli) 246 to 260
Maruggio 
Monteiasi 
Monteparano 
Pulsano 
Roccaforzata 
San Giorgio Ionico 
San Marzano di San Giuseppe 
Sava 
Taranto Only: (Section A, land registry plots (Fogli) 49, 50, 220, 233, 234, 250 to 252, 262, 275 to 278, 287 to 293, 312 to 318)(Section B, land registry plots (Fogli) 1 to 27)(Section C, land registry plots (Fogli) 1 to 11)
Torricella’. 

