consignments of potatoes, parcels or storage facilities where there is suspicion presence of Tecia.

2. In order to be able to provide complete information to the responsible official bodies, operators shall keep records of the potato they have acquired for planting or storing, which they are producing or which they have sent to third parties, during the three years.

3. In order to provide more information on the area under cultivation and, in particular, on the production of potato for self-consumption, traders or seed potato outlets will seek to obtain from the buyers of potato potatoes. sowing the following information: name and address of the buyer, acquired quantity and date of purchase. This information shall be available to the plant health services of the Autonomous Communities for at least one year.

Article 4. Systematic prospections and controls and National Contingency Plan.

1. The autonomous communities shall carry out, in their respective territorial areas, systematic prospections and controls aimed at discovering the presence of Tecia on potato.

2. Prospections should be carried out in those places where there is a higher risk of introduction of the pest, giving priority to the following:

a) Storage facilities. Documentary information shall be obtained from the entry of all the lots in the warehouse and special surveillance shall be given to storage facilities which have acquired potato from infested areas prior to the confirmation of a consignment. the outbreak and, consequently, prior to the entry into force of the prohibition of their movement.

b) Potato plantings.

c) Potato sales places in areas at risk of the presence of the pest.

3. Also, prospections will be carried out based on the epidemiological analysis carried out at each moment, and modifiable according to the information that is obtained on the potato movements at risk of being contaminated or Natural dispersion possibilities.

4. The National Plant Health Committee shall define general criteria for the delimitation of the risk zones, the parameters for sampling and the use of traps in the case of prospecting, suspicion, confirmation and monitoring. of the National Contingency Plan.

Article 5. Action in case of suspected presence of the pest.

1. Following the communication made pursuant to Article 3, or the communication of suspicion of Tecia by official bodies as a result of official inspections or surveys, the official body responsible for the autonomous community where the suspicion occurs, confirmation of its presence and, where appropriate, the importance of the contamination, by visual inspection and, if in doubt, shall send the duly identified samples to the official laboratory for verification and diagnosis.

2. The official body responsible for the autonomous community where the suspicion occurs shall take the precautionary measures provided for in Article 4, as well as any additional measures it deems necessary to prevent the spread of the pest.

Article 6. Official confirmation and immediate actions.

1. In case of confirmation of the existence of Tecia, either as a result of the communication provided for in Article 3, of an official inspection, or of the results of the surveys, the competent autonomous community shall establish without delay a demarcated area, comprising a infested zone and a buffer zone, shall take the measures provided for in Articles 7 and 8 and shall immediately notify the list of demarcated areas, the information concerning its delimitation, including maps which show their location, and a description of the measures applied in the demarcated areas and the The Ministry of Agriculture and Fisheries, Food and the Environment will be responsible for the costs of the Agriculture Production Directorate-General.

2. To establish the infested zone and buffer zone, the autonomous communities will take into account the following elements: the biology of Tecia, the level of infestation, the distribution of the crop, the current distribution of the pest, the capacity of such body to spread naturally, the number of positive plots, the prevailing winds and other factors which the competent authority considers appropriate to take into account.

3. The demarcated areas shall consist of the following parts:

(a) A infested zone, composed of at least the parcels and storage facilities in which the presence of Tecia has been confirmed in potatoes to be subject to official surveillance. Any parcel included in that area and the potatoes shall be declared contaminated, and

(b) a buffer zone with a width of at least 1 km from the limit of the infested zone; when a part of the plantation is comprised in that width, all planting shall be included in the buffer zone which shall be subject to Official surveillance.

4. Where several buffer zones overlap or are geographically close, a demarcated area shall be established which includes the area covered by the corresponding demarcated areas and the spaces between them. The competent authority shall determine the minimum distance to consider that several buffer zones are geographically close, depending on the risk assessment.

5. In any case, in those autonomous communities where potato cultivation is carried out in large numbers of small plots spread over the whole territory irregularly, by non-professional farmers who dedicate their whole production of self-consumption or direct sales in local markets, the areas infested to adapt them to their territory may be redefined, extending them, where appropriate, to the whole of the municipal territory.

6. In order to properly delimit the infested zone, the following actions shall be taken:

(a) Information shall be collected on the presence, in the affected area and in the surrounding areas, of potato growing fields, potato storage facilities, seed potato producers or nurseries. In addition, information on any potato movement related to the affected area will be obtained. The places where there may be a risk of spreading the pest shall be subject to the precautionary measures referred to in Article 7.

(b) Storage facilities in which the presence of the pest is not confirmed shall be considered free, and the measures referred to in Article 8.5 shall apply.

c) An area of 1 km will be inspected around the area where the presence of Tecia has been confirmed for the presence of the pest by sampling potato tubers.

d) Traps will be installed in the area infested with sexual pheromone specific to the capture of Tecia.j) infested zone: Zone in which the presence of the pest has been confirmed. It shall be established in accordance with Article 6.

k) buffer zone: Area bounded around the infested zone that is subjected to official surveillance to detect possible dispersion. It shall be established in accordance with Article 6.

CHAPTER II

Teciacontrol and eradication program

Article 3. Obligations of the agents involved.

1. In accordance with Article 5 (c) of Law 43/2002 of 20 November, potato operators and non-professional producers must immediately notify the competent authority of the autonomous community or, in the case of Importers from third countries, the Directorate-General for Health of Agricultural Production of the Ministry of Agriculture and Fisheries, Food and the Environment the period of time. Potatoes and reshoots shall be moved according to the provisions of Article 9 (1) (a).

c) A specific sex pheromone trap network will be placed that will be maintained for at least two years.

(d) Movements shall be restricted in accordance with Article 9 until the pest is deemed to be eradicated.

e) Plant protection treatments shall be carried out with active substances authorised in the Official Register of Plant Protection Products for the following cultivation (other than potatoes) before planting or any other treatment which demonstrate similar efficacy and is authorised by the National Plant Health Committee.

2. On contaminated storage facilities.

a) The following hygienic measures shall be carried out:

1. º meshes shall be placed with minimum 6 x 6 threads/cm² in holes and windows to prevent the entry of the pest. A system must be set on the doors to prevent the entry of Tecia (double doors or other effective system).

2. The soil, walls and roof with active substances authorised in the Biocidal Register shall be dismounted and properly ventilated before entering.

3. No cracks should be avoided where Teciacan take shelter, for which it is recommended that the installation has the walls cool and the floor smooth.

4. The handling machines and the warehouse where such machines are located shall be cleaned. To this end, they shall be subjected to a disinterment with active substances authorised in the Register of Biocidal Products.

5. The sacks and packages that have been in contact with the contaminated potatoes or the same stay will be destroyed.

b) Specific sexual pheromone traps will be installed for the capture of Tecia. If, during the three months after installation, no catch is recorded, the potato entry shall be permitted for placing on the market as a potato for consumption in accordance with the conditions laid down in Article 9. If catches are not recorded for one year, the potato entry shall be permitted for placing on the market as seed potatoes in accordance with the conditions laid down in Article 9.

c) In addition, in the two years following the confirmation of the existence of Tecia, a series of measures will be applied against it:

1. Seating in different storage facilities the seed potato and the consumption potato, by means of wall of work and with independent accesses.

2. º Maintain meshes with a minimum of 6 x 6 threads/cm² in holes and windows to prevent the entry of the pest. A system must be set on the doors to prevent the entry of Tecia (double doors or other effective system).

3. Place traps with specific sexual pheromone for the capture of Tecia that will remain operational for at least two years after confirmation of the existence of plague, during which time it also carry out visual inspections of the tubers.

3. In potato storage facilities on holdings for self-consumption in infested areas.

(a) The storage of potatoes originating in infested areas shall not be permitted.

(b) The soil, walls and roof with active substances authorised in the Register of Biocidal Products shall be dismounted and properly ventilated before entry.

(c) Sacks and packages which have been in contact with contaminated potatoes or in the same stay shall be destroyed.

d) Specific sexual pheromone traps will be installed for the capture of Tecia.

4. On parcels located in the buffer zone:

(a) The cultural measures to be agreed within the National Phytosanitary Committee through the National Contingency Plan, until the eradication of the pest in the infested zone, shall apply.

(b) A plant protection treatment shall be applied during the tuberization phase of the crop and before harvest.

c) Visual inspections shall be carried out by the competent authority on all plots, on an annual basis, and traps with specific sexual pheromone for the capture of Tecia, shall be installed only under the criteria to be established by the competent authorities of the autonomous communities, and to assess the risks to the eradication of the pest in the infested zone. To this end, account must be taken of the nearest infested plots, as well as the prevailing winds. In the case of catches of Tecia, will be declared as infested zone.

(d) The tubers collected may not be used for sowing as long as the pest is not considered to be eradicated in the infested zone, and may only be used as a consumption potato under the conditions laid down in the Article 9.

5. In storage facilities located in the buffer zone and in the free storage facilities as defined in Article 6.6.b):

(a) Meshes shall be placed with a minimum of 6 x 6 threads/cm² in holes and windows to prevent the entry of the pest until the pest has been declared eradicated. A system must be set on the doors to prevent the entry of Tecia (double doors or other effective system).

b) Specific sexual pheromone traps will be installed for the capture of Tecia. In case of receiving buffer zone potato and, if during the three months after installation no catches are recorded, the the marketing of potatoes for use as a potato for consumption and sowing. After three months in the absence of catches, if the warehouse receives potatoes originating from outside the buffer zone, and does not record catches during the storage period of those potatoes, it may be placed on the market under conditions laid down in Article 9. In the case of catches of Tecia will be declared as a contaminated facility.

(c) The traps shall be maintained for at least one additional year after the three months without catch, during which the visual inspection of the potatoes shall also be carried out. In the case of detection of the pest, the actions provided for in Article 6 and the measures provided for in Article 8 shall be carried out.

6. Potato storage in private storage for self-consumption in buffer zone.

Farmers who store potatoes for self-consumption must carry out a monitoring of the potato stored and bring to the attention of the competent authority of the autonomous community any damage compatible with the those caused by Tecia, as well as the presence in their facilities of larvae, pupae or specimens suspected of belonging to this species.

A sex pheromone trap will be placed for the capture of Tecia while the demarcation of the demarcated area is maintained. In the case of catches of Tecia, will be declared as infested zone.

Article 9. Restrictions on the movement of plants or tubers of Solanum tuberosum L.

1. Infested zone:

(a) The movement of potatoes from the infested zone, unless carried out under official rticular if the target for eradication has not been achieved, and may extend the period of validity of this prohibition.

(b) All potatoes from the previous marketing years shall be unburied, by means of an ploughing pass, and the potato reshoots, which appear during the period of prohibition of potato cultivation, shall be eliminated. In addition, all potato plantations existing at the time of entry into force of this royal decree, and which are declared within a infested zone, will be unearthed under official control in the shortest possiblecontrol, to authorised landfills or controlled burning sites for destruction or deep burial is prohibited. authorised by the competent authority, or towards facilities where a quarantine treatment with controlled atmosphere [Treatment ten days 20 ° with 30% CO2, 20% O2 and 50% N], or any other appropriate treatment for the treatment, is subject to a controlled atmosphere. elimination of the pest approved by the National Phytosanitary Committee, with these facilities being possible outside the demarcated area. The transfer of the potatoes to the installation will be done in physically protected vehicles to prevent contamination by the pest.

(b) The entry and circulation of consumption potatoes in infested areas shall be carried out exclusively for direct consumption and shall be prepared and packaged for the final consumer.

(c) The placing on the market of potatoes, without having been subject to the quarantine treatment referred to above, may be permitted for storage facilities which have been contaminated if the the requirements set out in Articles 6 and 8 and, in addition, no catches have been recorded in the facility for at least three months from which the storage of potatoes may be permitted for subsequent marketing as a potato of consumption, and after a year as seed potato.

d) The entry and exit of potato into a free storage facility located within a infested zone shall be performed only on physically protected vehicles to prevent contamination by the pest. The competent authority shall establish a control system for the exit of the tubers from the installation.

2. Buffer zone: The potato movement from the buffer zone to non-demarcated areas shall be subjected to the following conditions until the pest is eradicated:

(a) In the case of parcels, the production of which is intended to be marketed, the shipment may only be carried out if a visual inspection is carried out by the competent authority at the time of collection. to check the absence of the pest, after which it may be used for consumption. Seed potatoes from parcels present in the buffer zone may not be placed on the market unless they are transferred under official control to an installation where a quarantine treatment with controlled atmosphere is carried out [Treatment 10 days 20 ° C with 30% CO2, 20% O2 and 50% N], or any other suitable treatment for the elimination of the pest.

The potato entry and exit in a demarcated area shall be made only in closed containers or covered with a mesh.

(b) In the case of storage facilities the transfer of tubers may only be authorised if one of the following requirements is met:

1. No catches are recorded in the trap with specific sexual pheromone for a period of at least three months, after which they may be used for consumption and sowing. The seed potato shall be subjected to an authorised plant protection treatment prior to placing on the market.

2. º If they have undergone a quarantine treatment with controlled atmosphere [Treatment ten days 20 ° C with 30% CO2, 20% O2 and 50% N], or any other suitable treatment for the elimination of the pest, after which they may be to be used as consumption and sowing.

The entry and exit of potato into a warehouse located in a demarcated area shall be performed only physically protected vehicles to prevent contamination by the pest.

3. Demarcated area: the movement of potatoes from a demarcated area of Tecia, or within it, shall always be accompanied by a plant passport, prepared and issued in accordance with Article 7.1 of Royal Decree 58/2005, On 21 January, measures to protect against the introduction and dissemination in the national territory and the European Community of organisms harmful to plants or plant products, as well as for export and transit to the European Community, were adopted. third countries, and the provisions of the Order of 17 May 1993 laying down the standardisation of plant passports intended for the movement of certain plants, plant products and other objects within the European Community and laying down the procedures for the issue of such passports and the conditions and procedures for its replacement.

4. Operators who send or receive potatoes from autonomous communities which have declared the presence of the pest shall communicate this fact to the competent authority.

Article 10. Communication and disclosure.

The Autonomous Communities shall carry out communication and outreach activities on the pest and control and eradication measures contained in this royal decree, in particular in the demarcated areas.

Article 11. Registration of affected holdings and cultivation declaration.

The Autonomous Communities shall conduct a register of infested zones and storage facilities affected in compliance with the obligation set out in Royal Decree 1190/1998 of 12 June.

Potato producers located in a demarcated area shall have an obligation to make an annual declaration of the potato growing area, in accordance with the provisions to be established by the Autonomous Community.

Article 12. Hygiene Protocol.

Vehicles and packaging that have been used for the transport of potato tubers originating in a demarcated area must be decontaminated and properly cleaned.

Waste land and other waste materials resulting from cleaning must be disposed of in such a way as to ensure that Tecia cannot be established or spread outside a demarcated area.

Article 13. Accompanying measures.

In addition to the measures set out in this royal decree, the autonomous communities may adopt complementary measures to reinforce the effects that are being pursued.

Article 14. Communication to the Ministry of Agriculture and Fisheries, Food and Environment.

1. Without prejudice to the immediate communications and notifications provided for in Articles 3.1 and 6.1 of this royal decree, the autonomous communities shall communicate to the Directorate-General for Health of Agricultural Production of the Ministry of Agriculture and Fisheries, Food and the Environment, before 1 December each year:

(a) The results of the systematic surveys provided for in Article 4.

(b) the infested zones and buffer zones established, with the accuracy of the geographical boundaries defining them, contaminated parcels and storage facilities, as well as, inter alia, information related to the outbreak; the results of the investigations carried out in each case to ascertain the origin of the contamination and the eradication measures applied.

(c) Information concerning the expenditure envisaged and incurred as a result of the eradication measures applied, in accordance with the sixth rule of Article 86.2 of Law 47/2003 of 26 November 2001 Budget.

2. An annual report shall be drawn up by the Directorate-General for Agricultural Production Health with the data provided by the Autonomous Communities, which shall include the ratio of areas referred to in paragraph 1 (b)

3. The absence of information on the situation of the organism in a given territory shall imply the consideration of the same, after the report of the National Phytosanitary Committee, as a demarcated area for the purposes of this royal decree.

Article 15. Consideration of the eradication of the pest.

The pest shall be deemed to have been eradicated in a infested zone when its presence is not detected for at least two consecutive years, at which time restrictions on mov