1996D0301 — EN — 29.01.1998 — 001.001 — 1
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►B COMMISSIONDECISION
of3May1996
authorizing Member States temporarily to take additional measures against the dissemination of
Pseudomonas solanacearum (Smith)SmithasregardsEgypt
(96/301/EC)
(OJ L 115, 9.5.1996, p. 47)
Amended by:
Official Journal
No page date
►M1Commission Decision 98/105/EC of 28 January 1998 L 25 101 31.1.1998
▼B
COMMISSIONDECISION
of3May1996
authorizing Member States temporarily to take additional
measures against the dissemination of Pseudomonas solanacearum
(Smith)SmithasregardsEgypt
(96/301/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 oforganisms harmful to plants or plant products and against their spreadwithin the Community(
1), aslas t amended by Directive 96/14/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 itsterritory of Pseudomonas solana-
cearum (Smith) Smith, the cause of potato brown rot, from a third
country, it may temporarily take any additional measures necessary toprotect itself from that danger;
WhereasFrance, on the bas isof continued interceptionsof Pseudo-
monas solanacearum in potatoesoriginating 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 theintroduction 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 and 22 April 1996 respectively against the introduction into their
respective territories;
Whereas, based on the experiences gained during the current import
season, and information gathered from the Egyptian authorities duringa recent mission in Egypt, it becomes apparent that the current provi-sions concerning the ‘area freedom’ requirement are not sufficient to
protect the Community adequately and that additional measures are
necessary, whereby under the provisions of the safeguard measures itisappropriate to take into cons ideration the Egyptian potato productionsystem and the current stage of the production season;
Whereas therefore the concepts of ‘basin’ for the Desert production
area and of ‘village’ for the Delta production area should be used as
reference for the areasin which Pseudomonas solanacearum isnot
known to occur;
Whereas, moreover, there should also be an indication of the basin/
village coding system for the identification of areas, qualified for theproduction of potatoesfor export to the Community, on both the labelsand the required phytosanitary certificates;
Whereas, if it becomes apparent that the additional measures referred
to in Article 1 of this Decision, are not sufficient to prevent the entryofPseudomonas solanacearum or have not been complied with, more
stringent or alternative measures should be envisaged;
Whereas the aforesaid imminent danger has justified the adoption of
additional emergency measures by Member States;
Whereas, however, these additional emergency measures should be
brought into line with Community safeguard measures;
Whereas the effects of the additional measures will be assessed conti-
nually, and subsequent measures applicable to the introduction of1996D0301 — EN — 29.01.1998 — 001.001 — 2
(1) OJ No L 26, 31. 1. 1977, p. 20.
(2) OJ No L 68, 19. 3. 1996, p. 24.
▼B
potatoesoriginating in Egypt, including requirementsfor more inten-
sive testing in Egypt, in the forthcoming season will be examined inthe light of the results of that assessment, by 30 November 1996 at
the latest;
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
The entry into the territory of the Community of tubersof Solanum
tuberosum L. which originate in Egypt, other than those already
prohibited under the provisions laid down in Annex III, part A, point10 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 downin the Annex of this Decision, are complied with. The measures speci-fied in point 1(c) and (d) of the Annex shall apply only toconsignments leaving Egypt after the Commission has informed Egypt
of these measures.
Article 2
The importing Member States shall provide the Commission and the
other Member States, before 30 August 1998, with information on theamounts imported pursuant to this Decision and with a detailed tech-nical report on the official examination referred to in point 2 of theAnnex; copies of each plant health certificate shall be transmitted to
the Commission. In cases of notification of a suspect or confirmed
finding asreferred to in point 4 of the Annex copiesof the plant healthcertificates and their attached documents shall be transmitted with thesaid notification.
Article 3
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 Article 1.
Article 4
This Decision shall be reviewed by ►
M130 September 1998 ◄at
the latest.
Article 5
This Decision is addressed to the Member States.1996D0301 — EN — 29.01.1998 — 001.001 — 3
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▼B
▼M1
▼B
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ANNEX
For the purpose of the provisions of Article 1, the following emergency
measures shall be complied with, in addition to the requirements for potatoes
laid down in partsA and B of the AnnexesI, II and IV to Directive 77/93/
EEC, with the exception of those laid down in Annex IV, part A, section I, point
25.8:
1. (a) the potatoes destined for introduction into the Community shall have
been produced in fieldslocated in an area which hasbeen officially
declared by the Egyptian plant health authoritiesasa ‘qualified area’ in
which no outbreak of Pseudomonas solanacearum (Smith) Smith has
occurred; ‘area’ shall be defined, for the delta region, by ‘village’
(administrative units already established which cover a group of
‘basins’), and for the desert regions, by ‘basin’ (irrigation unit);
(b) the competent Egyptian authorities shall provide the Commission with a
‘list of the qualified areas’, indicating the qualified areas as specified
under (a) and providing their individual or collective namesand their
individual official code number; this list shall be provided to the
Commission prior to the first introduction of potatoes following the
coming into force of thisDecis ion;
(c) the potatoes specified under (a) shall have been, in Egypt:
— grown from potatoesproduced in ‘qualified areas ’ asdefined under
(a) which have been officially tested for latent infection, immediately
prior to planting, in accordance with the Community interim test
scheme as laid down in Decision 97/647/EC(1), and found free from
Pseudomonas solanacearum (Smith) Smith in such testing,
— officially inspected in the field during the growing season for symp-
tomsof potato brown rot caus ed by Pseudomonas solanacearum
(Smith) Smith and found free from auch symptoms in these inspec-
tions and a sample taken of 500 tubers per five feddans (= 5 acres)
or 200 tubersper feddan (= 1 acre) or part thereof for s maller
acreages of potatoes as close as possible to harvest for laboratory
examination including an incubation test and visual inspection on
cutting of the tubers for symptoms of potato brown rot caused by
Pseudomonas solanacearum (Smith) Smith and found free from
such symptoms in these inspections,
— on arrival at the packing station,
— accompanied by documentsattached to each lorry load at the
field of harvest stating the origin, by area as specified in (a), of
the load,
— officially inspected on samples of cut tubers for symptoms of
potato brown rot caused by Pseudomonas solanacearum (Smith)
Smith and found free from such symptoms in these inspections,
at a sampling rate, for 70kg sacks or equivalent, of 10 % of sacks
and 40 tubers inspected per sack, and for 1 or 1,5 tonne sacks, at
a sampling rate of 50 % of sacks and 40 tubers inspected per
sack,
— after packing of sacks at the packing station, officially inspected on
samples of tubers for symptoms of potato brown rot caused by Pseu-
domonas solanacearum (Smith) Smith and found free from such
symptoms in these inspections, at a sampling rate of 2 % of sacks
per consignment and 30 tubers inspected per sack,
— officially tested for latent infection on samples taken from each
consignment; during the export season at least one sample per area
as specified in (a) and represented in the consignment must be taken,
but in any case at least five samples must be taken and submitted for
laboratory analysis in accordance with the Community interim test
scheme as laid down in Decision 97/647/EC, and found free from
Pseudomonas solanacearum (Smith) Smith in such testing,
— harvested, handled and bagged separately, including reasonably sepa-
rate use of machinery, basin by basin, wherever possible, and in any
case area by area as specified in (a),
— prepared in lots, each of which shall be made up exclusively by pota-
toes which were harvested in one single area as specified in (a),
— clearly labelled, on each bag, with an indelible indication of the rele-
vant official code number as given in the ‘list of qualified areas’, and
of the relevant lot number,
— accompanied by the official phytosanitary certificate required under
Article 12.1(b) of Directive 77/93/EEC indicating the lot number(s)1996D0301 — EN — 29.01.1998 — 001.001 — 4
(1) OJ L 273, 6. 10. 1997, p. 1.
▼M1
under the section ‘Distinguishing marks’, and the official code
number(s), as referred to in the previous indent, under the section
‘Additional declaration’; the lot number of the lot from which a
sample has been taken for the purpose specified in the fifth indent
above, as well as the official statement that the testing has been
carried out, shall also be indicated in that section,
— exported by an officially registered exporter, the name or trademark
of which shall be indicated on each consignment. The list of offi-
cially registered exporters established by the competent Egyptian
authorities shall have been made available to the Commission prior
to 1 February 1998;
(d) the pointsof entry authorized for the introduction of relevant potatoes
and the name and address of the responsible official body in charge of
each point shall have been notified by the Member States to the Commis-
sion, which will inform the other Member States and Egypt thereof;
(e) the responsible official body in charge of the point of entry should have
received advanced notification of the likely time of arrival of consign-
mentsof potatoesaswell asof the amount thereof. In abs ence of any
advance notification, the provisions of Article 5(4) of Council Directive
83/643/EEC(1) aslas t amended by Directive 91/342/EEC(2) shall apply.
2. At the point of entry, the potatoes shall be subjected to the inspections
required pursuant to Article 12 of Directive 77/93/EEC, and such inspections,
shall be done on cut tubers of samples of at least 200 tubers each, taken from
each lot in a consignment, or if the lot exceeds 25 tonnes, from every 25
tonnesor part thereof in s uch a lot.
Each lot of the said consignment shall remain under official control and may
not be marketed or used until it has been established that the presence of
Pseudomonas solanacearum (Smith) Smith was not suspected or detected in
those examinations. In addition, in cases where typical or suspect symptoms
ofPseudomonas solanacearum (Smith) Smith are detected in a lot, all
remaining lots in the said consignment which originate from the same area
shall be held under official control until the presence of Pseudomonas sola-
nacearum (Smith) Smith hasbeen confirmed or refuted in the s aid lot.
If typical or suspect symptoms of Pseudomonas solanacearum (Smith) Smith
are detected in the said examinations, the confirmation or refutation of Pseu-
domonas solanacearum (Smith) Smith shall be determined by testing in
accordance with the said Community interim test scheme. If Pseudomonas
solanacearum (Smith) Smith isconfirmed the lot from which the s ample
has been taken shall be subjected to one of the following measures, either:
(i) refusal or permission to send products to a destination outside the
Community; or
(ii) destruction,
and all remaining lots in the consignment from the same area shall be tested
in accordance with point 3.
3. In addition to the inspections referred to in paragraph 2, testing for latent
infection in accordance with the said Community interim test scheme shall
be done on samples taken from each area as specified in 1(a); during the
export season at least one sample per area shall be taken at a rate of 200
tubers per sample from a single lot. The sample selected for latent infection
shall also be subjected to an inspection of the cut tubers. For each sample
tested and confirmed positive there should be retention and appropriate
conservation of any remaining potato extract.
Each lot from which the samples have been taken shall remain under official
control and may not be marketed or used until it has been established that the
presence of Pseudomonas solanacearum (Smith) Smith wasnot confirmed in
the said testing. If Pseudomonas solanacearum (Smith) Smith isconfirmed
the lot from which the sample has been taken shall be subjected to one of
the following measures, either:
(i) refusal or permission to send products to a destination outside the
Community; or
(ii) destruction.
4. In the case of both suspect and confirmed findings of Pseudomonas solana-
cearum (Smith) Smith the Member States shall notify the Commission and
Egypt immediately thereof; the notification of a suspect finding shall be on
the basis of a positive result in the rapid screening test(s) or screening test(s)1996D0301 — EN — 29.01.1998 — 001.001 — 5
(1) OJ L 359, 22. 12. 1983, p. 8.
(2) OJ L 187, 13. 7. 1991, p. 47.
▼M1
as specified in section I point 1 and point 2 respectively, of the said Commu-
nity interim test scheme.
5. The Commission shall ensure that it receives information of the details and
the results of visual inspections referred to in 1(c) second, third and fourth
indents and of the testing referred to in 1(c) fifth indent. The ‘list of qualified
areas’ shall be adjusted by the Commission according to these results and to
the findings made under 2 and 3; in relation to a suspect notification made
under 4 the ‘list of qualified areas’ shall be adjusted with an indication of a
holding notice on further exportsfrom the relevant area until confirmation or
refutation of the suspect finding of Pseudomonas solanacearum (Smith)
Smith.
6. Member Statess hall lay down appropriate labelling requirementswith the
aim of preventing the potatoesfrom being planted and appropriate meas ures
for the disposal of waste after packaging or processing of the potatoes to
prevent any spread of Pseudomonas solanacearum (Smith) Smith asa res ult
of possible latent infection.1996D0301 — EN — 29.01.1998 — 001.001 — 6