
Article 1 
This Regulation establishes measures to prevent the entry into, and the spread within, the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto (‘the specified pest’).
Article 2 
The specified pest shall not be introduced into, moved within, or held, multiplied or released in, the Union territory.
Article 3 
Live pollen and plants intended for planting, other than seeds, of Actinidia Lindl (‘the specified plants’) originating in third countries may only be introduced into the Union if they comply with the specific requirements for introduction, as set out in Articles 4, 5 and 6.
Article 4 
Specified plants originating in third countries shall be accompanied by a phytosanitary certificate, which includes under the heading ‘Additional declaration’ the information that one of the following conditions is fulfilled:

((a)) The specified plants have been grown throughout their life in a country where the specified pest is known not to occur.
((b)) The specified plants have been grown throughout their life in a pest-free area, established as regards the specified pest by the National Plant Protection Organisation (NPPO) of the country of origin in accordance with the Food and Agriculture Organisation of the United Nations’ (FAO) International Standard for Phytosanitary Measures (ISPM) No 4. The name of the pest-free area shall be included in the certificate under the heading ‘Place of Origin’.
((c)) The specified plants have been produced in a pest-free place or a pest-free site of production, established as regards the specified pest by the NPPO of the country of origin in accordance with the FAO’s ISPM No 10. The specified plants have been grown in a structure with a degree of isolation and protection from the outside environment that effectively excludes the specified pest. At that place or site the specified plants have been officially inspected twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the export and found free from the specified pest.
That place or site of production is surrounded by a zone with a radius of at least 100 metres, where official inspections were carried out twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the export and any specified plants showing symptoms of infection which were found during those inspections were immediately destroyed.
((d)) The specified plants have been produced in a pest-free place of production established as regards the specified pest by the NPPO of the country of origin in accordance with the FAO’s ISPM No 10. At that place the specified plants have been officially inspected, sampled and tested twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the export and found free from the specified pest.
That place of production is surrounded by a zone with a radius of 4 500 metres (‘the surrounding zone’), where one of the following conditions has been fulfilled:

((i)) official inspections, sampling and testing have been carried out twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the export. The specified pest has not been found during the official inspection, sampling and testing;
((ii)) all specified plants within a radius of 500 m from that place of production have been immediately destroyed;
((iii)) each specified plant within a radius of 500 m from that place of production has been regularly tested at the most appropriate times for detecting symptoms of infection and found free from the specified pest.
In the case of points (ii) and (iii), all specified plants within that zone at a distance of 500 m to 4 500 m from the place of production have been destroyed or tested according to a sampling scheme able to confirm with 99 % reliability that the level of presence of the specified pest in the specified plants is below 0,1 %.
Article 5 
Where the information set out in points (c) or (d) of Article 4 is given, the certificate shall, in addition, include the information that one of the following conditions is satisfied:

((a)) the specified plants have been directly derived from mother plants grown under the conditions set out in points (a), (b) or (c) of Article 4;
((b)) the specified plants have been directly derived from mother plants, which were subject to prior individual testing confirming their freedom from the specified pest;
((c)) the specified plants have been tested according to a sampling scheme able to confirm with 99 % reliability that the level of presence of the specified pest in the specified plants is below 0,1 %.
Article 6 
Specified plants introduced into the Union, accompanied by a phytosanitary certificate and complying with Articles 4 and 5, shall be rigorously inspected and, where appropriate, tested for the presence of the specified pest at the border control post or at a control point established in accordance with Delegated Regulation (EU) 2019/2123.
Article 7 
Specified plants that have spent any part of their lives in the Union, may only be moved within the Union, if they meet the specific requirements set out in Articles 8 and 9.
Article 8 
Specified plants that have spent any part of their lives in the Union and plants introduced into the Union according to Article 3 may be moved within the Union only if they are accompanied by a plant passport prepared, issued and used in accordance with Articles 78 to 95 of Regulation (EU) 2016/2031, and if they meet one of the following conditions:

((a)) The specified plants have been grown throughout their life in a Member State where the specified pest is not known to occur.
((b)) The specified plants have been grown throughout their life in a protected zone listed in Annex III of Implementing Regulation (EU) 2019/2072.
((c)) The specified plants have been grown throughout their life in a pest-free area, established as regards the specified pest by the competent authority of a Member State of origin in accordance with the FAO’s ISPM No 4.
((d)) The specified plants have been produced in a pest-free place or a pest-free site of production, established as regards the specified pest by the responsible official body of the Member State of origin in accordance with the FAO’s ISPM No 10. The specified plants have been grown in a structure with a degree of isolation and protection from the outside environment that effectively excludes the specified pest. At that place or site, the specified plants have been officially inspected twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the movement and found free from the specified pest.
That place or site of production is surrounded by a zone with a radius of at least 100 metres, where official inspections were carried out twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the movement and any plants showing symptoms of infection which were found during those inspections were immediately destroyed.
((e)) The specified plants have been produced in a pest-free place of production, established as regards the specified pest by the competent authority of the Member State of origin in accordance with the FAO’s ISPM No 10.
At that place the specified plants have been officially inspected, sampled and tested twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the movement and found free from the specified pest.
That place of production is surrounded by a zone with a radius of 500 metres (‘the surrounding zone’), where one of the following conditions have been fulfilled:

((i)) official inspections, sampling and testing have been carried out throughout the surrounding zone twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the movement. The specified pest has not been found during the official inspection, sampling and testing;
((ii)) all specified plants within the surrounding zone have been immediately destroyed;
((iii)) each specified plant within the surrounding zone has been regularly tested at the most appropriate times for detecting symptoms of infection and found free from the specified pest.
The surrounding zone is itself encircled by a further zone, with a width of 4 000 metres, where one of the following conditions has been fulfilled:

((i)) following official inspections, sampling and testing that have been carried out throughout that further zone twice, at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the movement, eradication measures were taken in all cases when the specified pest has been identified on the specified plants. These measures shall consist of the immediate destruction of the infected specified plants;
((ii)) all specified plants within that further zone have been destroyed;
((iii)) all specified plants within that further zone have been tested according to a sampling scheme able to confirm with 99 % reliability that the level of presence of the specified pest in the specified plants is below 0,1 %.
Article 9 
Where the requirements set out in points (d) or (e) of Article 8 are met, the specified plants shall, in addition, satisfy one of the following requirements:

((a)) the specified plants have been directly derived from mother plants grown under the conditions set out in points (a), (b), (c) or (d) of Article 8;
((b)) the specified plants have been directly derived from mother plants, subject to prior individual testing confirming their freedom from the specified pest;
((c)) the specified plants have been tested according to a sampling scheme able to confirm with 99 % reliability that the level of presence of the specified pest in the specified plants is below 0,1 %.
Article 10 
Member States shall repeal or amend the measures, which they have already adopted to protect themselves against the introduction and spread of the specified pest, in order to comply with this Regulation. They shall immediately inform the Commission of those measures.
Article 11 
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply until 31 December 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 26 June 2020.
For the Commission
The President
Ursula VON DER LEYEN