Brussels, 09/06/2016 (Agence Europe) - The European Commission may require Member States to remove all plants capable of being infected by the Xylella fastidiosa bacterium, even when there are no symptoms of infection, when such plants are in the vicinity of plants already affected by that bacterium. This bacteria mainly affects olive trees in southern Italy, explained the European Court of Justice in a ruling made on Thursday 9 June (joint cases C-78/16 and C-79/16).
In 2015 the Commission adopted a decision, whereby it imposed on member states the obligation to remove immediately plants capable of hosting the Xylella bacterium, regardless of their health status, within a radius of 100 metres around plants found to be infected by that bacterium. The Tribunale amministrativo regionale per il Lazio (the Regional Administrative Court of Lazio, Italy), however, suspended the order to remove plants in the vicinity of infected olive trees and referred questions to the Court of Justice on the validity of the Commission's decision with regard to EU law.
With this ruling, the Court confirms the validity of the Commission's decision with respect to directive 2009/29, on phystosanitary protection and subsequently follows the conclusions of the Advocate General (see EUROPE 11550). The Court states that the precautionary principle can justify the adoption of measures such as the removal of infected plants even if scientific uncertainties persist on the subject. According to the Court, the removal of host plant near infected plants is "strictly proportionate" to the aim of continued protection.
Scientific data indicates, moreover, that the dissemination of Xylella depends essentially on certain cicadas whose flight range is limited to, on average, a hundred or so metres, and that recently contaminated plants may be asymptomatic (see EUROPE 11522). The Commission's decision on removing trees is therefore necessary and appropriate, according to the Court.
A Commission spokesperson welcomed this ruling, which bolsters the opinion of the Commission that the removal of potentially infected trees within a 100 m radius, combined with our measures, "constitutes the most efficient option" for eradicating the bacteria. He concluded that "we hope that the Italian authorities will apply the measures that have been decided". (Original version in French by Lionel Changeur)