1996D0301 — EN — 22.09.2000 — 004.001 — 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
►M2Commission Decision 98/503/EC of 11 August 1998 L 225 34 12.8.1998
►M3Commission Decision 1999/842/EC of 30 November 1999 L 326 68 18.12.1999
►M4Commission Decision 2000/568/EC of 8 September 2000 L 238 59 22.9.2000
▼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), as last 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 its territory 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;
Whereas France, on the basis of continued interceptions of Pseudo-
monas solanacearum in potatoes originating in Egypt adopted on 19
March1996 measures to implement a ban on potatoes originating in
Egypt, witha view to ensuring more efficient protection against th eintroduction 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 itis appropriate to take into consideration 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 areas in which Pseudomonas solanacearum is not
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 potatoes for 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 — 22.09.2000 — 004.001 — 2
(1) OJ No L 26, 31. 1. 1977, p. 20.
(2) OJ No L 68, 19. 3. 1996, p. 24.
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potatoes originating in Egypt, including requirements for 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
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, partA, point 10 to Directive 77/93/EEC, shall be prohibited from 15September 1998.
2. Paragraph1 sh all not apply to consignments leaving Egypt before
the Commission has informed Egypt of the present Decision.
Article 1a
1. By way of derogation to Article 1, for the import season 2000/
2001, the entry into the territory of the Community of tubers ofSolanum tuberosum L. which originate in Egypt shall be permitted
from the ‘pest-free areas’ referred to in paragraph 2, provided that themeasures applicable to tubers grown in these areas and laid down in
the Annex of this Decision, are complied with.
2. The Commission shall establish whether ‘pest-free areas’ have
been approved in Egypt for the import season 2000/2001 in accordance
with the ‘FAO International Standard for Phytosanitary Measures Part4: Pest Surveillance — Requirements for the Establishment of Pest-Free Areas’, in particular point 2.3 thereof, and shall compile a ‘listof approved pest-free areas’, including identification details of thefields located in the above ‘approved pest-free areas’. The Commission
shall convey this list to the Committee and to the Member States.
Article 1b
The provisions of Article 1a shall no longer apply as soon as the
Commission has notified to the Member States that more than fiveinterceptions of Pseudomonas solanacearum have 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 Decisionduring the ►
M42000/2001 ◄import season, and that it has been
found that interceptions indicate that the method for the identificationof ‘pest-free areas’ in Egypt or the procedures for official monitoringin Egypt have not been sufficient to prevent the risk of introduction
ofPseudomonas solanacearum into the Community.
Article 2
The importing Member States shall provide the Commission and the
other Member States, before ►
M430 August 2001 ◄, withinforma-
tion 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 trans-mitted to the Commission. In cases of notification of a suspect orconfirmed finding as referred to in point 4 of the Annex copies of theplant health certificates and their attached documents shall be trans-mitted withth e said notification.1996D0301 — EN — 22.09.2000 — 004.001 — 3
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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 ►M3Article 1, 1a and 1b ◄.
Article 4
This Decision shall be reviewed by ►M430 September 2001 ◄at
the latest.
Article 5
This Decision is addressed to the Member States.1996D0301 — EN — 22.09.2000 — 004.001 — 4
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ANNEX
For the purpose of the provisions of Article 1a, the following emergency
measures shall be complied with, in addition to the requirements for potatoes
laid down in parts A and B of the Annexes I, 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 fields located in an approved ‘pest-free area’ in Egypt
as established by the Commission in accordance with Article 1a of this
Decision; in respect of any suchapproved areas and for th e purpose of
this Decision, the identification of ‘area’ shall be based on, at least, for
the delta region, ‘village’ (administrative units already established which
cover a group of ‘basins’), and for the desert regions, ‘basin’ (irrigation
unit); and shall be identified by its individual or collective name and its
individual official code number, including eachbasin or village official
code number;
(c) the potatoes specified under (a) shall have been, in Egypt:
— grown from potatoes, either directly of Community origin or once
grown from suchpotatoes, produced in an approved ‘pest-free area’
as established under Article 1a of this Decision and which have
been officially tested for latent infection, immediately prior to
planting in accordance with the Community test scheme as laid
down in Directive 98/57/EC, and found free from Pseudomonas sola-
nacearum (Smith) Smith in such testing,
— officially inspected in the field during the growing season for symp-
toms of potato brown rot caused 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 tubers per feddan (= 1 acre) or part thereof for smaller
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
suchsymptoms in th ese inspections,
— transported to packing stations officially approved by the Egyptian
authorities to handle only potatoes eligible for export to the Commu-
nity during the ►M42000/2001 ◄export season and on arrival at
suchan approved packing station:
— accompanied by documents attached to each lorry load at the
field of harvest stating the origin, by area as specified in (a), of
the load.
These documents shall be held at the packing station until after
the completion of the export season,
— officially inspected on samples of cut tubers for symptoms of
potato brown rot caused by Pseudomonas solanacearum (Smith)
Smithand found free from suchsymptoms in th ese inspections,
at a sampling rate, for 70 kg sacks or equivalent, of 10 % of sacks
of 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.
The list of packing stations officially approved by the Egyptian
authorities shall have been made available to the Commission prior
to►M41 December 2000 ◄,
— 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 test scheme as
laid down in Directive 98/57/EC, and found free from Pseudomonas
solanacearum (Smith) Smith in such testing,1996D0301 — EN — 22.09.2000 — 004.001 — 5
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— 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, under the control of the competent
Egyptian authorities, with an indelible indication of the relevant offi-
cial code number as given in the list of ‘approved pest-free areas’
compiled under Article 1a of this Decision, 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)
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►M41 December 1999 ◄;
(d) the points of 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-
ments of potatoes as well as of the amount thereof. In absence of any
advance notification, the provisions of Article 5(4) of Council Directive
83/643/EEC(1) as last 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 suchinspections,
shall be done on cut tubers of samples of at least 200 tubers each, taken from
eachlot in a consignment, or if th e lot exceeds 25 tonnes, from every 25
tonnes or part thereof in such 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 symptomsofPseudomonas 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 has been confirmed or refuted in the said 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 is confirmed 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,
and all remaining lots in the consignment from the same area shall be tested
in accordance withpoint 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 eacharea as specified in 1(a); during th e
export season at least one sample ►
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as referred to in point 1a ◄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.1996D0301 — EN — 22.09.2000 — 004.001 — 6
(1) OJ L 359, 22. 12. 1983, p. 8.
(2) OJ L 187, 13. 7. 1991, p. 47.▼M2
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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 was not confirmed in
the said testing. If Pseudomonas solanacearum (Smith) Smith is confirmed
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)
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. ►M3The list of
approved pest-free 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 ‘approved pest-free areas’ shall be
adjusted with an indication of a holding notice on further exports from the
relevant approved pest-free area until confirmation or refutation of the
suspect finding of Pseudomonas solanacearum (Smith) Smith. ◄
6. Member States shall lay down appropriate labelling requirements with the
aim of preventing the potatoes from being planted and appropriate measures
for the disposal of waste after packaging or processing of the potatoes to
prevent any spread of Pseudomonas solanacearum (Smith) Smith as a result
of possible latent infection.1996D0301 — EN — 22.09.2000 — 004.001 — 7