Commission Decision
of 22 December 2003
authorising Member States temporarily to take emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt
(notified under document number C(2003) 4956)
(2004/4/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), as last amended by Commission Directive 2003/47/EC(2), and in particular Article 16(3) thereof,
Whereas:
(1) Where a Member State considers that there is an imminent danger of the introduction into its territory of Pseudomonas solanacearum (Smith) Smith, the cause of brown rot, from a third country, it may temporarily take any additional measures necessary to protect itself from that danger.
(2) In 1996, on the basis of continued interceptions of Pseudomonas solanacearum (Smith) Smith in potatoes originating in Egypt several Member States (France, Finland, Spain and Denmark) adopted measures to implement a ban on potatoes originating in Egypt, with a view to ensuring more efficient protection against the introduction of Pseudomonas solanacearum (Smith) Smith from Egypt into their respective territories.
(3) The Commission responded by adopting Commission Decision 96/301/EC of 3 May 1996, authorising Member States temporarily to take additional measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt(3), as last amended by Decision 2002/903/EC(4).
(4) Decision 96/301/EC was strengthened by a series of amending decisions. The import into the Community of potatoes originating in Egypt was banned except where the potatoes originating in pest-free areas established in accordance with the FAO International standard for phytosanitary measures part 4: Pest surveillance - Requirements of the establishment of pest-free area.
(5) During the 2002/03 import season, a number of interceptions of Pseudomonas solanacearum (Smith) Smith were recorded and Egypt itself decided to ban all exports of Egyptian potatoes to the Community as of 24 March 2003.
(6) In the light of the above situation the Commission initiated a mission to Egypt which was carried out by a Member State's expert team in August 2003 to technically audit the existing control and monitoring system for the production and marketing of potatoes destined for export to the Community.
(7) The results of the mission were assessed. The Commission considered it appropriate to introduce a more rigorous visual inspection of consignments of potatoes immediately prior to export at the port of dispatch in Egypt.
(8) Furthermore, the Commission considered it appropriate, upon the notification of a suspect finding of Pseudomonas solanacearum (Smith) Smith, to redefine the pest-free area related to the said suspect notification, rather than banning the export of potatoes originating in the entire pest-free area related to the said suspect notification. Hence, the identification of "area" should be modified and be based on, either a "sector" or "basin".
(9) In the light of the conclusions and recommendations of the audit report, it should be possible to permit, for the 2003/04 import season, the entry into the territory of the Community of tubers of Solanum tuberosum L. which originate in pest-free areas of Egypt approved in accordance with the said FAO International Standard.
(10) In the interest of clarity and rationality, Decision 96/301/EC should therefore be repealed and replaced by this Decision.
(11) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:
Article 1
The entry into the territory of the Community of tubers of Solanum tuberosum L. which originate in Egypt, other than those already prohibited under the provisions laid down in Annex III, part A, point 10 to Directive 2000/29/EC, shall be prohibited.
Article 2
1. By way of derogation from Article 1, for the import season 2003/2004 the entry into the territory of the Community of tubers of Solanum tuberosum L. which originate in Egypt shall be permitted from the "pest-free areas" referred to in paragraph 2, provided that the measures applicable to tubers grown in these areas and laid down in the Annex to this Decision, are complied with.
2. The Commission shall establish whether "pest-free areas" have been approved in Egypt for the import season 2003/04 in accordance with the "FAO International Standard for Phytosanitary Measures Part 4: Pest Surveillance - Requirements for the Establishment of Pest-Free Areas", in particular point 2.3 thereof, and shall compile a "list of approved pest-free areas", including identification details of the fields located in the above "approved pest-free areas". The Commission shall convey this list to the Committee and to the Member States.
Article 3
The provisions of Article 2 shall no longer apply as soon as the Commission has notified to the Member States that the sixth interception of Pseudomonas solanacearum (Smith) Smith has been confirmed in accordance with points 2 or 3 of the Annex to this Decision, in lots of potatoes introduced into the Community pursuant to this Decision during the 2003/04 import season, and that it has been found that interceptions indicate that the method for the identification of "pest-free areas" in Egypt or the procedures for official monitoring in Egypt have not been sufficient to prevent the risk of introduction of Pseudomonas solanacearum (Smith) Smith into the Community.
Article 4
The importing Member States shall provide the Commission and the other Member States, before 30 August 2004, with information on the amounts imported pursuant to this Decision and with a detailed technical report on the official examination referred to in point 2 of the Annex; copies of each plant health certificate shall be transmitted to the Commission. In cases of notification of a suspect or confirmed finding as referred to in point 4 of the Annex copies of the plant health certificates and their attached documents shall be transmitted with the said notification.
Article 5
The Member States shall adjust the measures which they have adopted with a view to protecting themselves against the introduction and spread of Pseudomonas solanacearum (Smith) Smith in such a manner that the measures comply with Articles 1, 2 and 3.
Article 6
Decision 96/301/EC is repealed.
Article 7
This Decision shall be reviewed by 30 September 2004 at the latest.
Article 8
This Decision is addressed to the Member States.
Done at Brussels, 22 December 2003.