COMMISSION DECISION of 28 January 1998 amending Decision 96/301/EC and authorising Member States temporarily to take emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt (98/105/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 77/93/EEC of 21 December 1976 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 Directive 97/14/EC (2), and in particular Article 15(3) thereof,
Whereas, 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 potato brown rot, from a third country, it may temporarily take any additional measures necessary to protect itself from that danger;
Whereas France, on the basis of continued interceptions of Pseudomonas solanacearum in potatoes originating in Egypt adopted on 19 March 1996 measures to implement a ban on potatoes originating in Egypt, with a view to ensuring more efficient protection against the introduction of Pseudomonas solanacearum from Egypt into France;
Whereas Finland adopted on 4 April 1996 similar measures against the introduction of that organism into Finland;
Whereas Spain and Denmark subsequently adopted such measures on 16 April and 22 April 1996 respectively against the introduction into their respective territories;
Whereas the Commission, by Decision 96/301/EC (3), authorised Member States temporarily to take additional measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt;
Whereas during the import season 1996/97 there have been considerable numbers of interceptions of Pseudomonas solancearum (Smith) Smith on imports of potatoes originating in Egypt;
Whereas, therefore it has become apparent that the additional measures referred to in Decision 96/301/EC, are not sufficient to prevent the entry of Pseudomonas solanacearum or have not been complied with;
Whereas in such a situation Decision 96/301/EC should be strengthened and the import into the Community of potatoes originating in Egypt be banned unless the emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as laid down in the Annex to this Decision are complied with;
Whereas in relation to the requirements laid down in point 25.2 of Annex IV, part A, section I to Directive 77/93/EEC and on the basis of information provided by Egypt, of international scientific and technical information and of experience gained on imports in the past, it is apparent that Egypt is known to be free from Clavibacter michiganensis spp. sepedonicus;
Whereas, because of concern for possible latent infection of potatoes by Pseudomonas solanacearum (Smith) Smith the additional measures include testing for the presence of the organism in Egypt in potatoes intended for export to the Community as well as a monitoring testing programme of the said potatoes on entry into the Community and appropriate controls on the waste disposal after packaging or processing of the said potatoes in the Community;
Whereas the effects of the emergency measures will be assessed continually, in the import season 1997/98, and possible subsequent measures applicable to the introduction of potatoes originating in Egypt, will be considered in the light of the results of that assessment;
Whereas 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
Decision 96/301/EC is hereby amended as follows:
1. The text of Article 1 is replaced by the following:
'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 77/93/EEC, shall be prohibited with effect from 1 February 1998 unless with reference to certain areas in Egypt, the measures applicable to tubers grown in these areas and as laid down in the Annex of this Decision, are complied with. The measures specified in point 1(c) and (d) of the Annex shall apply only to consignments leaving Egypt after the Commission has informed Egypt of these measures.`
2. The text in Article 2 is replaced by the following:
'The importing Member States shall provide the Commission and the other Member States, before 30 August 1998, 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.`
3. In Article 4 '30 November 1996` is replaced by '30 September 1998`.
4. The Annex is replaced by the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 28 January 1998.