EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR HEALTH AND FOOD SAFETY

Transcription

1 Ref. Ares(2015) /09/2015 EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR HEALTH AND FOOD SAFETY Directorate F - Food and Veterinary Office DG(SANTE) MR FINAL REPORT OF AN AUDIT CARRIED OUT IN ITALY FROM 08 JUNE 2015 TO 19 JUNE 2015 IN ORDER TO EVALUATE THE SITUATION AND OFFICIAL CONTROLS FOR XYLELLA FASTIDIOSA

2 Executive Summary This report describes the outcome of an audit carried out by the Food and Veterinary Office (FVO) in Italy from 8 to 19 June The objectives of the audit were to evaluate the plant health situation and control measures applied for Xylella fastidiosa in Italy and in particular, the implementation of Commission Implementing Decisions 2014/497/EU and 2015/789/EU. The audit was carried out in addition to the planned FVO programme following a further significant and rapid spread of Xylella fastidiosa in Apulia in early spring 2015 and the declaration of a state of emergency by the Italian Council of Ministers of February The authorities responsible for the official controls of Xylella fastidiosa have developed a plan for the implementation of national legislation and the EU Decisions, which provides a sound basis for the control of Xylella fastidiosa, including surveillance, agricultural measures to suppress the vectors, movement restrictions for plants, the eradication of new outbreaks and infected plants and communication with producers and stakeholders. The FVO team found no evidence at the time of the audit, of any critical technical, resource, or general legal constraints which would prevent the authorities from implementing these measures, especially since the declaration in February 2015 of a state of emergency for Xylella fastidiosa in the Apulia region. However, it was found that many of these measures have only been partially implemented or not implemented at all. In particular, a total of only 111 trees have been destroyed in Apulia since the first confirmation of Xylella fastidiosa in In the specific case of the Oria outbreak, only seven of the 37 infected trees have been eradicated since the outbreak in March There are now 52 infected trees in that area. The existing programme of surveys is not effective to allow for the timely detection of new outbreaks or the accurate determination of the true extent of the spread of Xylella fastidiosa. The measures implemented so far have clearly not been sufficient to prevent the further rapid spread of Xylella fastidiosa within the Demarcated Area and, in the absence of concerted action, and full implementation of the necessary measures and effective engagement with stakeholders, the further rapid onward expansion of the disease is inevitable. The report makes a number of recommendations to the competent authorities, aimed at rectifying the shortcomings identified and enhancing the control measures. I

3 Table of Contents 1 Introduction Objectives and scope Legal Basis Relevant EU Legislation Background Findings and Conclusions Competent authorities Legislation Communication and information Laboratories and testing for Xylella fastidiosa Xylella fastidiosa outside Demarcated areas in Italy Demarcated area in Apulia Surveys in Apulia Control measures in the demarcated area Movement of specified plants within the EU Overall Conclusions Closing Meeting Recommendations...26 II

4 ABBREVIATIONS AND DEFINITIONS USED IN THIS REPORT Abbreviation AP DTBIA CA CID CoDiRO Commissioner EFSA ELISA EU FVO GPS IPV LAMP MAIB MIPAAF MS PCR RPS RAI RAIF SA SFB Xylapp Xf Explanation Action Plan of the Italian competent authorities for controlling Xylella fastidiosa in Apulia Direct Tissue Blot Immunoassay Competent Authority(ies) Commission Implementing Decision Xf strain causing quick decline of olive trees. Italian acronym of Il Complesso del Disseccamento Rapido degli Olivo Designate Commissioner, nominated for the coordinated implementation of official measures against Xf in Apulia European Food Safety Authority Enzyme-Linked Immunosorbent Assay European Union Food and Veterinary Office of the European Commission Global Positioning System Institute of Plant Virology, National Research Centre /Department of Plant and Soil Sciences and Food, University of Bari Loop Mediated Isothermal Amplification Mediterranean Agronomic Institute of Bari Central Plant Health Service of the Ministry of Agriculture, Foodstuffs and Forest Policies Member State of the EU Polymerase Chain Reaction Regional Plant Health Services Regional Agency for Innovation Regional Agency for Irrigation and Forestry Single Authority, as referred to by Article 1(4) of Council Directive 2000/29/EC State Forestry Body Specific application which runs in tablets, assisting the Xf field work Xylella fastidiosa III

5 1 INTRODUCTION This audit took place in Italy from 8 to 19 June 2015 and was added to the Food and Veterinary Office's (FVO) audit programme. It was introduced following the significant spread of Xylella fastidiosa (Xf), in Apulia in early spring The FVO team consisted of two auditors and two national experts of European Union (EU) Member States (MS). Representatives from the Single Authority (SA), Central Plant Health Service of the Ministry of Agriculture, Foodstuffs and Forest Policies (MIPAAF) accompanied the FVO team during part of the audit. Representatives of the Regional Plant Health Services (RPS) of Apulia, Liguria and Tuscany accompanied the FVO team during the visits in their regions. An opening meeting was held on 8 June 2015 at MIPAAF in Rome, during which the objectives and itinerary for the audit were confirmed and additional information necessary for the conduct of the audit was requested, during which, the objective, scope and itinerary for the audit were confirmed by the FVO team. 2 OBJECTIVES AND SCOPE The objective of the audit was to evaluate the control measures applied for Xf in Italy and in particular, the implementation of Commission Implementing Decision (CID) 2015/789/EU. Considering that this CID was only adopted immediately prior to the audit, the measures taken up to that date were assessed against the previous CID 2014/497/EU. Additionally, the situation of Xf in Italy was also evaluated following the new outbreaks in Apulia and the notification by the SA of the detection of Xf on an olive tree in a nursery in Liguria, that had originated from Tuscany. This later proved to be a false positive ; this case is covered in section below. The following table lists the sites visited and meetings held in order to achieve these objectives: Meetings, visits No. Comments Competent Authorities Central 1 Central Plant Health Service of the Ministry of Agriculture, Foodstuffs and Forest Policies (MIPAAF) Regional 3 Regional Plant Health Services (RPS) of Apulia, Liguria and Tuscany Laboratories 2 Liguria RPS laboratory, Mediterranean Agronomic Institute of Bari (MAIB) Plant health control sites Infected olive fruit productions sites 2 Trepuzzi, Oria (outbreak in Brindisi Province) 1

6 Meetings, visits No. Comments Xf survey sites 2 Trepuzzi, Oria Eradication site 1 Outbreak site in Oria Sites of production of host plants and specified plants of Xylella fastidiosa as referred 3 Olive tree and ornamental plant nurseries in Apulia, Liguria and Tuscany Regions to by CID 2015/789/EU Research Institutes 2 Institute of Plant Virology, National Research Centre /Department of Plant and Soil Sciences and Food, University of Bari (IPV); Mediterranean Agronomic Institute of Bari (MAIB) 3 LEGAL BASIS The audit was carried out under the general provisions of the EU legislation, in particular Articles 21 and 27(a) of Council Directive 2000/29/EC. 3.1 RELEVANT EU LEGISLATION Council Directive 2000/29/EC provides for protective measures against the introduction into and spread within the EU organisms harmful to plants or plants products. CID 2014/497/EU of 23 July 2014, as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Well and Raju) provided for detailed rules related to findings or outbreaks of the pathogen. CID 2015/789/EU of 18 May 2015, as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Well and Raju) provides for detailed rules related to findings or outbreaks of the pathogen. The legal references for the EU legislation quoted in this report are listed in Annex. 4 BACKGROUND This was the third audit to Italy on this topic. Following the last FVO audit (Ref: DG(SANCO) ) which was carried out in Apulia at the end of November 2014, Italy reported that it had detected a significant number of new outbreaks of Xf outside of the Demarcated Area that was in place at that time. As a result, in March 2015, the SA declared that the entire province of Lecce was now considered to be an Infected Zone. A new Buffer Zone and Surveillance Zone were established accordingly. 2

7 In light of this significant development, CID 2014/497/EU was revised, to reflect the new areas, and to enhance the control measures aimed at minimising the further spread of Xf within Italy and to other Member States. The boundaries and widths of the different zones were amended, following the publication of the new CID 2015/789/EU (see section 5.6). The new Demarcated Area, which consists of the Infected Zone and the Buffer Zone, is about 50 % larger than that in place in November There is also a larger Surveillance Zone than previously. There is also a separate outbreak in Oria-Brindisi located around 20 Km north of the boundary of the Infected Zone. The total area of intervention as required in CID 2015/789/EU is around ha ( ha of which are olive groves). The area of the Infected Zone, is around ha ( ha of which are olive groves). The total area of the Buffer Zone is around ha ( ha of which are olive groves). The area of the Surveillance Zone is ha ( ha of which are olive groves). Since the last audit, eight new species of plants, of which five are not listed in CID 2015/789/EU, have been identified as host plants of the Xf CoDiRO (strain causing quick decline of olive trees). At the time of the audit, 18 plant species have been confirmed to be hosts of Xf CoDiRO strain. 5 FINDINGS AND CONCLUSIONS 5.1 COMPETENT AUTHORITIES Legal requirements Article 1(4) of Council Directive 2000/29/EC provides that Members States shall ensure a close, rapid, immediate and effective cooperation between themselves and the Commission in relation to matters covered by this Directive and that, to this end, each Member State shall establish or designate a single authority, which shall be responsible, at least, for the coordination and contact in relation to such matters. Article 2(1)(g) of Council Directive 2000/29/EC requires that the responsible official bodies in a Member State shall either be the official plant protection organisation established under the IPPC, or any other State authority established at national level or at regional level, under the supervision of the national authorities. Article 2(1)(i) of the same Directive requires Member States to ensure that their public servants and qualified agents have the qualifications necessary for the proper application of the Directive. Findings Competent authorities 1. There have been no changes to the general organisational aspects of the national and regional plant health services in Italy, as described in the FVO country profile for Italy ( and in the reports of previous FVO 3

8 audits, in particular that of a general audit carried out in Italy from 1 to 12 March 2010 (Ref: DG(SANCO) 2010/8601). 2. However, on 10th February 2015, the Italian Council of Ministers declared a state of emergency for Xf in the Apulia region. The declaration empowered the head of the Civil Protection Department to nominate a Commissioner, with the necessary legal authority to address the emergency, it also provided a legal mechanism for access to State level emergency funds and other resources, and to use the resources available at regional level, including the State Forestry Body (SFB) and Regional Agency for Irrigation and Forestry (RAIF). As SFB is one of the Italian police forces, its agents have specific powers in law enforcement (e.g. access to private property). 3. The role of the Commissioner is to ensure the implementation of the necessary control measures in the Demarcated Area, including for the movement of plants, established in the Italian Decree of 26/09/2014, and to prepare an Action Plan (AP) to that effect. 4. The Commissioner is also empowered to accelerate the administrative procedures and to facilitate access to private property. He is also required to establish contacts with, and to ensure the involvement of local bodies (provinces and municipalities) in the controls. The Commissioner is responsible for developing and implementing the Communication Plan, which is a component of the AP for Apulia. 5. The head of the State Forestry Body (SFB) in Apulia was appointed as the Commissioner. 6. The RPS of Apulia informed the audit team that no changes had been made to their human resources since the last audit: The number of plant health inspectors in Lecce is five, in Brindisi five and Taranto four (both provinces have now part of their territory included in the Demarcated Area); The main tasks of the plant inspectors regarding Xf are the surveys and the controls of movement of plants in nurseries and retailers; Regarding the SFB, the number of staff available in Lecce remains around 50 however, if needed extra staff can be brought from other provinces in the region to reinforce the local teams; The Commissioner stated that at the time of the audit around 100 SFB members were involved in different Xf control activities, specific training on Xf had been provided for these staff. Xf is currently a priority for plant health inspectors and SFB staff however they are involved in numerous other activities. 4

9 Conclusions on competent authorities 7. The structure and organisation of the competent authorities has not changed since the previous audit. The human resources in RPS in Apulia, in particular the number of plant health inspectors is the same as at the last audit. 8. However, a state of emergency was declared by the Council of Ministers which has enabled the appointment of a Commissioner with legal authority and access to State and other resources, with responsibility for the ensuring the implementation of the necessary control measures and other associated activities. As noted in section below, this has not resulted in the implementation of eradication measures. 5.2 LEGISLATION Findings 9. The Italian National Decree of 26 September 2014 on Emergency measures for the prevention, control and eradication of Xf within the territory of the Italian Republic, establishes the legal framework for the application of CID 2014/497/EU. The Decree of 17/03/2015 also establishes detailed provisions for containment of Xf in the Demarcated Area. 10. The RPS in Apulia have issued two legal acts to revise the Demarcated Area as described in section 5.6, Regional Legal Determination n o 195 was recently adopted to define the boundaries of the Demarcated Area and the Surveillance Zone in line with the new requirements introduced by CID 2015/789/EU. 11. The SA stated that a new Decree would need to be adopted, to establish the necessary legal framework for the application of CID 2015/789/EU. They stated that it is intended that the new Decree will contain additional requirements, beyond those in CID 2015/789/EU. A new AP will be issued following the adoption of the Decree. The SA was not able to provide a timeline for completion of the process. In the interim period though, the Decree of 26 September 2014 remains in force, i.e. the measures introduced by CID 2015/789/EU will not be implemented (with the exception of the revision to the demarcation of the area, detailed in paragraph 10 above). 12. The RPS of Apulia stated that their activities were based on the provisions of the same Decree of 26 September 2014 and complementary regional legislation. However, as in the previous audit, the FVO team noted that the CA have continued to only partially implement the requirements of that legislation, and CID 2014/497/EU (see sections 5.8 and 5.9). 5

10 Conclusions on the legislation 13. The legal framework to enable the full implementation of the revised measures introduced by CID 2015/789/EU, and the approval of the revised AP, was not in place at the time of the audit. There is no timeline for its adoption by the MIPAAF, or implementation, although all of the measures in that CID were applicable from 21 May In the interim period, the legal framework necessary for the full implementation of CID 2014/497/EU remains in force. 5.3 COMMUNICATION AND INFORMATION Findings Between the Single Authority and regional plant health services 15. There is a system of monthly coordination meeting in Italy - the National Phytosanitary Committee, organised by the SA for the heads of the RPS. This forum is used for discussion of all national plant health related issues. The FVO team was informed that Xf is a regular topic on the agenda of the meetings. The SA stated that it uses this forum to distribute information, and to initiate discussion if necessary. 16. The FVO team noted that: As, in the Italian public administration system, the regions have exclusive responsibility for official plant health controls, the SA stated that it has limited possibilities for coordination beyond its legislative role; The SA concentrates on the national legislation and on maintaining liaison between the regions and EU Commission. The SA stated that it cannot act as a national centre for Xf providing assistance and guidance to the regions. 17. Following the 'false positive' case in Liguria (see chapter 5.5.2) there was an intensive consultation and exchange of information between Tuscany and Liguria regions With stakeholders 18. The RPS in Apulia made considerable efforts to inform the farming community and other interested stakeholders about the Xf issue. They established a specific public website for dissemination of information such as legislation, notices issued by the Commissioner, scientific documents and visualisation of survey points on the map of the region. The content is updated daily. Around booklets, entitled Guidelines for Xf containment were distributed in the region. In addition, several meetings were held with farmers and stakeholders in the wide range of affected 6

11 municipalities of Apulia. At most of these meetings, the RPS was assisted by researchers of Bari University. 19. The FVO team visited Liguria and Tuscany and noted that: Leaflets about Xf had also been produced by the RPS in both regions; RPS representatives in both regions reported that various other means are used for dissemination of information to the interested stakeholders, such as seminars, specific meetings, media interviews. 20. The RPS Apulia informed the FVO audit team that there is continuous regional media coverage of Xf. The media in other regions and at national level deal with the outbreak periodically. Articles, reports and documentaries broadly reflect the opinion and arguments of those circles, who oppose the cutting of olive trees for eradication or who doubt the existence of Xf in Apulia and its role in the quick decline of the olive trees. The opinion of the RPS and scientific institutions gains limited or very limited coverage and it is usually presented in an unconvincing manner in response to the arguments of opponents to eradication measures. This in not in line with Art. 7 of CID 2015/789/EU. 21. The audit team found very limited direct engagement with stakeholders in particular following a finding of Xf, see sections and Conclusions on communication and information 22. There is considerable communication to the stakeholders and the public regarding Xf. However, there is limited direct engagement with stakeholders and the message that, in the absence of concerted control measures, the disease has, and will, continue to spread rapidly with the resultant significant loss of olive trees and other host plants, is often not conveyed effectively. This undermines the ability for an effective implementation of the necessary control measures for Xf. 5.4 LABORATORIES AND TESTING FOR XYLELLA FASTIDIOSA Findings The RPS use either their own laboratories or contract others to analyse plant and/or insect samples collected during their surveys, monitoring and import control activities, for Xf. The FVO team visited those of Liguria and Apulia, as well as the Institute of Plant Virology of the University of Bari (IPV) Reference laboratory for Xylella fastidiosa tests 23. There is currently no reference laboratory for Xf in Italy, however, the SA informed the FVO team that MIPAAF intends to nominate the Agricultural Research Council-Rome 7

12 to act as the national reference laboratory for this purpose. No timeline for the nomination was available. 24. MIPAAF informed the FVO team that it has commissioned the Institute of Plant Virology of the University of Bari (IPV) to carry out ring tests to assess the proficiency of the RPS laboratories, who analyse samples, using ELISA and/or PCR tests. The SA stated that the ring test would be completed by end of August Laboratories testing official samples for Xylella fastidiosa in Apulia 25. In Apulia, three laboratories carry out Xf testing of official samples: the Agricultural Research and Experimental Centre Basile Caramia, the Mediterranean Agronomic Institute of Bari (MAIB) and the Department of Agro-Environmental Sciences, Chemistry and Plant Protection of the University of Foggia. The laboratories use ELISA according to a protocol issued by the IPV. 26. In the period November 2014 June 2015 the three laboratories tested a total of official samples, taken in Apulia. Table 4 below provides details of the samples that were analysed during that period. Table 1: Samples analysed in the region of Apulia between November 2014 and June 2015 SPECIES SAMPLES WITH SYMPTOMLESS NEGATIVE POSITIVE SYMPTOMS Acacia Saligna Amygdalus communis Callistemon citrinus Citrus spp Citrus x clementina Citrus x limon Citrus x sinensis Myrtus communis var. pumila Nandina domestica Nerium oleander Olea europaea Polygala myrtifolia Prunus armeniaca Prunus avium Prunus domestica Prunus persica Prunus spp Quercus spp Rhamnus alaternus Rosmarinus officinalis

13 Vitis vinifera Westringia fructicosa The FVO team visited the MAIB laboratory and noted that the laboratory Has a nominal capacity of testing 500 plant samples daily with ELISA, using a commercial kit. In practice they are commissioned for testing samples per day; Possesses the necessary equipment and has experienced staff for the tests; Applies a comprehensive sample and test result registration and internal control system; Participates in ring tests for Xf detection with ELISA, organised by the IPV. 28. The IPV laboratory carries out a confirmatory test with PCR method on each plant sample, which tested positive by the laboratories, who test official plant samples in Apulia, by ELISA. Official measures are only implemented if the confirmatory test is positive. 29. The FVO team visited the IPV laboratory and noted that it has all the necessary facilities and experience for the confirmatory tests, including the system of sample and test result administration. The tests are carried out with the highest possible level of accuracy. 30. The confirmatory PCR tests of the samples, which were found positive and/or suspicious by the RPS laboratories in regions other than Apulia, are currently carried out within the same laboratories. The IPV laboratory or other laboratories with Xf testing experience are not consulted RPS laboratories outside of Apulia 31. The FVO team was informed that the RPS laboratory of Tuscany uses PCR for testing plant and insect samples and for confirmation, while the RPS laboratory of Liguria uses ELISA for plant sample testing and PCR for insect samples and for confirmatory purposes. There are no MIPAAF recommendations for RPS laboratories concerning the methodology of mass and confirmatory Xf tests. 32. The FVO team visited the RPS laboratory of Liguria and noted that The laboratory is involved in testing of a wide-range of pathogens of import control and plant health monitoring samples. The number of samples depends on the import volume and timing of the surveys. They apply different, pathogen specific methods. There are peaks in test needs, which regularly create a workload which is difficult to manage for the laboratory staff; The laboratory has facilities for ELISA and PCR, however due to limited possibilities for physical separation of the test steps, the laboratory staff confirmed that extra care is needed for avoiding sample contamination during the tests; 9

14 The laboratory staff has work experience in serological and molecular tests, however less experience in Xf testing. They did not have any training related to PCR and to Xf analysis; The laboratory does not apply a comprehensive sample and test result administration system, only certain individual records are taken; The Xf tests for samples processed in the laboratory in Liguria are not fully reliable as required by point 3 of Art 2, Art. 3, Art. 4 and Art 6 of CID 2015/789/EU. 33. The FVO team collected information about the testing and test result confirmation procedure of an olive leaf sample, which was found and confirmed as positive for Xf by the RPS laboratory of Liguria. On the request of the MIPAAF, the IPV laboratory retested the DNA which was extracted by the RPS laboratory and subsequently found it to be negative for Xf. 34. The FVO team noted that: The RPS laboratory in Liguria performed the ELISA and PCR tests broadly following the IPV protocols, however with some adaptation, including the application of certain elements of the relevant EPPO protocols which, according to the experts is quite outdated; During the ELISA test for the repetition of the same sample, two plates were used rather than two wells of the same plate. As the laboratory has no photometric facilities the results were evaluated visually. The plant sample gave colour reaction on both of the plates, however the colour was slightly different from that of the positive controls (brownish, instead of yellow). The laboratory considered that the sample was positive and the colour difference was the result of additional reactions, caused by the plant extract. The ELISA test of the same sample was not repeated; For the confirmatory test, different leaves of the same sample were used. The test was performed according to the IPV protocol. The FVO team found that the electrophoretic pattern of the sample was misinterpreted, as an unidentified DNA fragment was considered as Xf DNA; After the confirmatory test both the original leaf sample and the plant, which was assessed as Xf positive were destroyed. 10

15 Conclusions on laboratories and testing 35. The facilities and expertise available to the RPS in Apulia provides a high degree of assurance regarding the reliability of the results of analysis of the samples collected during official controls for Xf. 36. In contrast, the facilities and expertise available to other RPS has not been established. The ring test being carried out by the IPV should provide at least an indication of the proficiency of these laboratories at detecting Xf in samples, however, until that becomes available, the reliability of the confirmation analysis referred in point 3 of Art 2, Art. 3, Art. 4 and Art 6 of CID 2015/789/EU is not ensured. Therefore, there are no full guarantees that the surveys carried out clearly identify Xf in the pest free areas. 5.5 XYLELLA FASTIDIOSA OUTSIDE DEMARCATED AREAS IN ITALY Legal requirements Article 3 of CID 2015/789/EU requires MS to conduct annual surveys for the presence of the specified organism on the specified plants. The surveys shall consist visual examination, and in the case of any suspicion of infection by the specified organism, collection of sampling and testing. Article 4(1) of CID 2014/497/EU included an identical requirement. Article 2(3) of CID 2015/789/EU states that, where the responsible official body has been informed about the presence, or suspected presence of the specified organisms, it shall take all necessary measures to confirm that presence or the suspected presence. Article 4 of that CID 2015/789/EU requires that, where the presence of the specified organism is confirmed, MS shall without delay establish a demarcated area and introduce the measures specified in Articles 5 and 6 of the same Decision. Findings Surveys outside of Apulia 37. Italy carried out surveys in all regions during The surveys in Apulia are covered separately, in section 5.7 below. The surveys targeted mainly: olive, Citrus, Prunus, Quercus and Vitis and focussed on the visual detection. In total, 847 places of production of plants (nurseries and garden centres) and other sites (orchards, vineyards, forests and urban areas) were inspected during the survey. Possible symptoms of Xf were found in 4 places of production and at 121 other sites. The SA stated that samples were taken from all symptomatic plants and were analysed by the relevant RPS laboratories. 38. In total, samples were collected during the surveys, 852 of which were from asymptomatic olive trees in nurseries and garden centres (399), and other sites (453). 11

16 The remainder (331) were taken from symptomatic plants. In 2014, Xf was not detected in the other regions of Italy. 39. In Liguria, 18 nurseries and 12 sites of production (olive and oleander) were included in the survey for In total, 180 samples were taken and no Xf was detected. For 2015 it is planned to survey 264 sites; 132 of which had already been inspected during February and March The remainder of the survey was to be carried out in October and November. 40. In Tuscany, 31 olive tree nurseries, 15 ornamental nurseries and 213 sites of production (olive, Prunus, Quercus, oleander) were included in the 2014 survey. In total, 385 samples were collected. No Xf was detected. The survey plan for 2015 includes 883 survey points, and samples. The surveys will also include insect vector collection and testing. At the time of the audit, 49 survey points had already been surveyed and 179 samples collected Control measures in Liguria and Tuscany 41. On 29 th April 2015, the SA notified the Commission that Xf had been detected in an olive plant in a nursery in Liguria. The plant had originated in a nursery in Tuscany. This notification was followed by another letter dated 8 th May 2015 informing the Commission that a test had been carried out in the IPV laboratory Apulia, and that this had confirmed that in fact no Xf was present in the sample tested and that therefore, the plant was no longer considered to have been infected. The action taken in the case of this false positive was evaluated by the FVO team. 42. The RPS in Liguria stated that during the 2015 survey, they found two olive plants with suspected symptoms of Xf. Leaf samples were collected from both and tested in the RPS laboratory. One of the two samples was negative, the other, the false positive, was tested first by ELISA, and was subsequently confirmed by PCR. 43. Following the result of the PCR test, the RPS said that they immediately destroyed the infected plant and required the application of insecticides in the whole site. The remaining plants in the same lot were prohibited from movement. The RPS also established a 200 m radius area around the nursery and carried out a visual inspection of all specified plants in the area. 28 samples were also taken from that area and tested by the RPS laboratory, all were negative for Xf. Tests were also carried out on vectors collected in the nursery and in the surrounding area, and again no Xf was detected. Following the result of the later test carried out by IPV, the official measures were revoked by the RPS. 44. The FVO audit team confirmed that the action was taken as stated. It noted that the RPS was not aware of the need to establish a Demarcated Area without delay, in line with Art. 7 of CID 2014/497/EU, following confirmation of the presence of Xf. 45. Following the notification of the false positive result by the RPS in Liguria on 15/04/2015, the RPS in Tuscany stated that they carried out an intensive inspection of 12

17 the nursery, that had supplied the olive plants to the nursery in Liguria in They also inspected 138 other olive tree nurseries and other sites, and collected samples. No Xf was detected. 46. The audit team visited the nursery in Tuscany that provided the olive plants to Liguria and confirmed that the RPS had carried out intensive sampling of all mother plants. Conclusions on Xyllella fastidiosa outside Demarcated Areas in Italy 47. Based on the surveys carried out in 2014, Xf is not confirmed in any other region of Italy, apart from Apulia. In March 2015, the detection of a Xf suspected outbreak in Liguria was later proved to be negative. 48. Following the detection of Xf, appropriate precautionary control measures were taken in Liguria however, no Demarcated Area was established as required by Art. 7 of CID 2014/497/EU. The RPS was not aware of the need to define a Demarcated Area after confirmation of the presence of Xf, this becomes even more relevant with CID 2015/789/EU, which introduced more extensive measures and an extended Demarcated Area. The lack of a Demarcated Area does not give assurances that Xf is detected in the surrounding area. 49. Tuscany upon receiving the notification from Liguria carried out an appropriate trace back exercise and testing of plants, no Xf was found and no further action was necessary. 5.6 DEMARCATED AREA IN APULIA Legal requirements Article 4 of CID 2015/789/EU requires that where the presence of the specified organism is confirmed, MS shall without delay establish a demarcated area, which shall consist an infected zone and a buffer zone of at least 10 km, surrounding the infected area. Article 8 of the same Decision requires in Lecce Province of Italy the establishment of a surveillance zone with a width of at least 30 km, adjacent to the demarcated area. Findings 50. As detailed in the previous audit report, Apulia started a detailed survey between September and December 2014 to enable the demarcation of the Infected Zone (including the former Eradication Zone), Buffer Zone and Surveillance Zone following the introduction of new regional legislation. The survey points and subsequent locations of these zones are detailed in figure 1 below. 13

18 Figure 1: Location of survey sites 1 November 2014 to 16 January 2015 and Demarcated Area as of January However, in March 2015 symptoms became clearly visible in several areas and new outbreaks were detected in the area between the Buffer Zone and Surveillance Zone, in the province of Lecce. An isolated outbreak was detected in Oria (Brindisi) around 30 Km beyond the Infected Zone border. These new findings were notified by the SA to the 14

19 Commission on 9 March The RPS subsequently revised the regional legislation and the Demarcated Area and Surveillance Zone. The Buffer Zone replaced the former Surveillance Zone, and the former Eradication Zone was expanded from 1 km to 15 km width. After this new definition, the Buffer Zone was increased from 2 to 12 km and the Surveillance Zone was increased from 16 to 23 km. The location of these areas and the survey sites for the surveys carried out from 17 January to 13 March 2015 is detailed in figure 2 below. Figure 2: Location of survey sites 17 January to 13 March 2015 and Demarcated Area and Surveillance Zone as of March

20 52. The Demarcated Area and the Surveillance Zone were revised again following the adoption of CID 2015/789/EU. The Demarcated Area now includes an Infected Zone consisting of the entire province of Lecce and the outbreak area of Oria, a Buffer Zone and a 20 Km wide Containment Area between the two, as detailed in figure 3 below. Figure 3: Location of survey sites 14 March to 30 May 2015 and the Demarcated Area and Surveillance Zone as of June

21 5.7 SURVEYS IN APULIA 53. The RPS stated that the surveys carried out in Apulia consists of two levels: The first level survey is carried out by phytosanitary agents from the provinces of Lecce, Brindisi and Taranto and are coordinated by the RPS. The agents are responsible for the detection of visual symptoms mainly on olive trees and collection of samples; The second level survey is carried out when there is a confirmed positive finding of Xf. In such cases, an intense sampling and testing of asymptomatic olive trees is carried out to identify any other infected trees. The farmer or the owner of the infected trees must also be identified at this time to enable official notification and control measures to be imposed. For these surveys, in addition to the phytosanitary agents, there is the involvement of the RPS phytosanitary inspectors, who are in charge of the official actions and of the SFB staff for security reasons. Staff are required to take precautions (cleaning and shaking clothes) in order to minimize the possibility of transporting hitchhiking infected vector insects to the free zones in Apulia. 54. The RPS stated that at the time of the audit, most of the survey activities are being carried out in the 20 km Containment Area and the delimiting surveys of the 26 Xf outbreaks detected in that area were nearing completion. No surveys are being carried out to determine the absence of Xf in the Buffer Zone and Surveillance Zone, this is not in line with point 7 of Art. 6 and point 2 of Art. 8 of CID 2015/789/EU 55. The FVO team noted that the Information Technology system used for the implementation of Xf measures in Apulia had been improved. The specific application, which runs on the tablets of the phytosanitary agents (Xylapp), now records the GPS codes of the sampled tree more precisely, fully ensuring trace-back. Controls in nurseries can now be recorded in Xylapp, however a further update is needed to include new hosts and specified plants according to CID 2015/789/EU. Taking into consideration the recent findings and the distribution and spread of Xf in infected olive trees, the RPS Apulia stated that the first level teams are now equipped with secateurs on an extendable pole, which allows the collection of samples from the canopy of olive trees. This sampling technique was adopted following evidence that symptomatic samples taken from the lower canopy tested negative while samples taken from the crown of the same trees were positive for Xf. The transport of the samples to the regional laboratories located in the Xf free area is now made by SFB staff and no longer by the phytosanitary agents. 56. The RPS stated that they intend to adapt their survey plan, as required by point 7 of Art. 6 and point 2 of Art. 8 of CID 2015/789/EU. The surveys in the Buffer Zone and Surveillance Zone will be carried out based on a 100 m x 100 m grid and will be based on visual checks of olive trees. For the remaining areas of the region, a 2.7 km x 3.2 km grid may be used however, the survey will focus on notifications of suspect symptoms 17

22 notified by farmers or by the general public. The RPS could not provide a timeline or a plan for the introduction of this new survey. 57. The RPS also informed the FVO team that it intends to take aerial photos of the areas subject to surveys, with a resolution suitable to identify symptomatic trees. MAIB will interpret the resultant photos visually. An algorithm to enable a computer based analysis is being developed. The analysis will concentrate on the new Buffer Zone and Surveillance Zone ( ha). Coordinates of any symptomatic trees will be communicated to inspectors, via the integrated Information Technology system. No indication was given when such data will be available for the field work. 58. The RPS stated that owners of trees within the 20 km Containment Area are not notified following a finding of Xf during the surveys. The RPS intends to notify the owners, and request that control measures are taken, only when the whole survey is finished. The notifications will be sent by the Commissioner, using the SFB. The lack of notification was confirmed by the FVO team during their visit to an outbreak of Xf in Treppuzi, situated close to the Buffer Zone (see section below). This is not in line with Art 7(2) of CID 2015/789/EU that requires that infected trees are immediately removed. 18

23 Conclusions on the demarcated area and surveys in Apulia 59. A Demarcated Area and Surveillance Zone have been established in line with Art 4 of CID 2015/789/EU. 60. The survey activity consists largely of delimiting surveys in the 20 km Containment Area. Only very limited sampling has been carried out in the new Buffer Zone and Surveillance Zone. Therefore, the effectiveness of the surveys in terms of the timely detection of new outbreaks, as well as the establishment of the true extent of the spread of Xf, is highly questionable. The pest free status of Buffer Zone and Surveillance Zone has therefore not been confirmed with any certainty, this is not in line with point 7 of Art. 6 and point 2 of Art. 8 of CID 2015/789/EU 61. The priority of the RPS is to finish the surveys in the 20 km Containment Area, which is already known to be infected. There is an intention to adapt the surveys in line with CID 2015/789/EU, however there is no timeline or clear plan to do so. It is not therefore clear when, or if the survey will comply with the requirements of point 7 of Art. 6 and point 2 of Art. 8 of CID 2015/789/EU. 62. The delay in notifying owners of trees confirmed to be infected with Xf during the surveys means that the measures specified in Article 7(2) of CID 2015/789/EU, applicable to the 20 km Containment Area, and in particular the immediate removal of infected plants are not, and cannot be, carried out, immediately, as required, even on a voluntary basis. This undermines the efforts to timely eradicated infected trees and to reduce the disease pressure in the area. 5.8 CONTROL MEASURES IN THE DEMARCATED AREA Legal requirements Article 6 of CID 2015/789/EU provides for the eradication measures, which need to be applied in in the case of an outbreak of Xf. Article 7 of the same CID provides for the containment measures, which need to be applied in Lecce Province of Italy. Article 7(2) lists the cases, where immediately removal at least all plants, which have been found to be infected by Xf is required. Art 7(6) that the MS concerned shall apply appropriate agricultural measures for the management of Xf and its vectors. Art. 14 requires that a plan about the measures to be implemented as to be drafted. Findings Action Plan 63. The current AP determines all control measures in line with the Italian legislation, which relate to the implementation of provisions of CID 2014/497/EU. In total, nine actions are included in the AP, the main ones relating to eradication and containment are: 19

24 A1 - Elimination of all host plants on roadsides and in ditches, canals, green areas, etc.; A2 - Control of insect vectors in weeds; A3 - Insecticide treatments for the control of adult insect vectors in olive groves and fruit orchards; A4 Eradication of infected trees and plants; A5 - Destruction of host plants in nurseries Measures A1 A3 and A5 are aimed at the management of Xf and its vectors, and are covered in section below. The eradication measures are covered in section below Agricultural measures Elimination of host plants along roads, ditches etc. 64. The Commissioner sent out a notification to each interested entity (municipality, road authority, etc), which highlighted the obligation for elimination of host plants, including the deadlines for completion. 65. The Commissioner and the RPS Apulia stated that the measures were satisfactorily implemented. From the total of the proposed intervention, 69% of the entities had carried out the action. Over km of roadsides and ditches and an area of 2.6 million m 2 of parks and green areas were cleaned. In total host plants, mainly shrubs were removed. SFB and RPS inspectors carried out controls on the implementation, by checking the contracts of the interested entities with relevant service providers. The entities, which did not implement the measure (31 %) are to be sanctioned with a flat rate penalty. At the time of the audit, only two municipalities had been sanctioned. 66. The FVO team noted that in the two outbreak sites visited (Oria and Trepuzzi municipalities) the action had not been implemented for elimination of host plants along roads and ditches Control of insect vectors in weeds 67. The Commissioner issued a notification, addressed to the farmers and other stakeholders, in which their control obligations and the deadlines were highlighted. The notification was distributed via the municipalities. The SFB staff contacted and alerted farmers of the need to carry out the action. The action was mainly carried out by harrowing the soil under the olive trees. Frequently, the farmers did not respect the deadline for completing the action, which is essential, taking into account the cycle of the insect vector. The Commissioner stated that the action was not meeting the deadlines, however early sanctions for farmers have promoted the implementation of action by the non-compliant farmers (the first infected insect vectors were detected in the beginning of May). 20

25 68. The Commissioner and the RPS of Apulia stated that the measures were satisfactorily implemented in 82 % of the area concerned however, in some municipalities in the Buffer Zone a level of 95% compliance was achieved. In total ha had been harrowed. The implementation was controlled by SFB and RPS inspectors. In addition, a helicopter flight confirmed this estimation on 14 th June Farmers, who did not carry out the measure, were sanctioned. At the time of the audit, around 50 individual sanctions were in the process of being issued. 69. During the visits in the Infected Zone and Buffer Zone the FVO team noted that: Mechanical weed control was carried out in the vast majority of olive tree plantations; There were numerous spots left without mechanical weed control and the herbaceous vegetation around the plantation was not always sufficiently eliminated Insecticide treatments for the control of adult insect vectors in olive groves and fruit orchards 70. The AP foresees compulsory chemical controls against the vector in olive plantations in the Infected Zone and the Buffer Zone. This is seen as a complement to the action described above aimed at reducing the insect vector populations. One organic olive farmer appealed against the measure, arguing that they are not in line with the organic farming principles and consequently the crop cannot be marketed as organic and the status of the plantation would also be changed. The regional administrative court has not ruled on the appeal, but suspended the compulsory application of pesticides, in this specific case. 71. Despite the fact that the ruling didn t apply in other cases and in expectation of similar appeals the RPS did not promote and carry out checks on the implementation of the chemical control requirement Eradication of infected trees and plants 72. With the exception of seven trees in the Oria outbreak location, which were uprooted on 13 April 2015, no other infected plants have been removed in Apulia in 2015, this in not in line with Art. 6 of CID 2015/789/EU. To date, a total of 111 trees have been destroyed in Apulia since the first confirmation of Xf in 2013, 104 of those trees were eradicated in The RPS stated that when trying to eradicate the trees, targeted demonstrations by environmentalist made the removal of the 37 trees, tested positive for Xf in the Oria outbreak in March 2015 impossible. Despite the opposition of the above mentioned groups, RAIF managed to eradicate 7 trees. At the time of the audit there were now 52 trees infected. 21

26 74. The RPS also informed the FVO team that after the initial RPS notification of the control measures to be implemented following confirmation of Xf, one farmer in Oria appealed against the measures. What, or which, elements of the required controls is being appealed is not known, however, the RPS stated that the regional administrative court had suspended the eradication measures in that case and has scheduled a hearing for 16 December They also informed the team that the appeals and subsequent rulings of the courts were specific, and apart from the one farmer in Oria, concerned the application of pesticides in a limited number of organic production sites, and the destruction of host plants in several nurseries situated in the infected zone. Consequently the RPS did not consider that there was a general legal constraint on the imposition of other control measures. 75. The RPS stated that they had not started the removal of infected trees in any other part of the Demarcated Area or even attempted to do so, due to anticipated objections by environmental groups, or possible future legal appeals. This in not in line with Art. 6 of CID 2015/789/EU. 76. The FVO visited an outbreak of Xf in Trepuzzi, located in the Containment Area, close to the border of the Buffer Zone. Four trees had been confirmed to be infected with Xf at the end of March 2015, as a result of the first level survey. The total area of the outbreak is around 25 ha, of which, 20 ha are olive groves. In total trees were tested and Xf was confirmed to be present in 67 trees. The subsequent second level survey in the surrounding 200 m confirmed that Xf was present in a further 63 olive trees as well as two oleander and Polygala plants. 77. The outbreak is situated around a fuel station on a main highway crossing the region. 78. The RPS stated that no official notification had been sent by the Commissioner to the owner(s), and that the owner(s) of the infected plants had not been asked, or advised, to remove the trees or to carry out appropriate agricultural measures, even on a voluntary basis. This in not in line with Art. 6 of CID 2015/789/EU 22