II. PHYTOSANITARY LEGISLATION

1. 31969 L 0464: Council Directive 69/464/EEC of 8 December 1969 on control of Potato Wart Disease (OJ L 323, 24.12.1969, p. 1).

(a) For a period of 10 years from the date of accession Poland shall limit the potato varieties planted in Poland to varieties fully (laboratory and field) resistant to Synchytrium endobioticum (Schilbersky) Percival, the causal agent of potato wart disease. During this period additional protection measures shall be taken in Poland to safeguard trade in seed and ware potatoes and in plants intended for planting originating in Poland, both within Poland and with other Member States, until it has been established that the old outbreak sites of potato wart disease no longer contain viable sporangia of Synchytrium endobioticum (Schilbersky) Percival, or that plots have been clearly scheduled, i.e. demarcated as contaminated by Synchytrium endobioticum (Schilbersky) Percival, and until the implementation of additional or stricter provisions in line with Article 9 of Directive 69/464/EEC is no longer necessary. Descheduling of plots shall be made in accordance with EPPO standard PM 3/59(1) "SYNCHYTRIUM ENDOBIOTICUM: soil tests and descheduling of previously infested plots".

(b) The additional measures shall, having regard to sound scientific principles, the biology of the harmful organism concerned and the possible pathways for its dissemination and in particular the production, marketing and processing system of the host plants of this organism in Poland, include the following:

(i) For seed potatoes: in addition to the requirements of point 18(1) of Annex IV.A.II to Directive 2000/29/EC [21], compliance with Article 4 of Directive 69/464/EEC shall be ensured through official verification at the level of the individual plot on which seed potatoes were produced. In addition, areas where pathotypes 2 and 3 are known to occur shall be excluded as areas from which seed potatoes are eligible for movement into areas in Poland where Synchytrium endobioticum (Schilbersky) Percival is known not to occur or into other Member States. "Area" is defined at the district (Powiat) level;

(ii) For ware potatoes:

(aa) areas where pathotypes 2 and 3 are known to occur shall be excluded as areas from which such potatoes are eligible for movement into areas in Poland where Synchytrium endobioticum (Schilbersky) Percival is known not to occur or into other Member States;

(bb) as regards potatoes originating in areas other than those mentioned under (aa), they shall either:

- originate in an area where Synchytrium endobioticum (Schilbersky) Percival is known not to occur. "Area" is defined at the district (Powiat) level,

or

- originate in a place of production where Synchytrium endobioticum (Schilbersky) Percival is known not to occur,

or

- be of a variety resistant to at least pathotype 1 of Synchytrium endobioticum (Schilbersky) Percival and, if moved into an area in Poland determined by survey as free from Synchytrium endobioticum (Schilbersky) Percival or into other Member States, have been washed or otherwise cleaned, and are free from soil.

(iii) For plants with roots, planted or intended for planting, grown in the open air: in addition to the requirements of point 24 of Annex IV.A.II to Directive 2000/29/EC, compliance with Article 4 of Directive 69/464/EEC shall be ensured through official verification at the level of the individual plot on which these plants were produced. Moreover, areas where pathotypes 2 and 3 are known to occur shall be excluded as areas from which these plants are eligible for movement into areas in Poland where Synchytrium endobioticum (Schilbersky) Percival is known not to occur or into other Member States. "Area" is defined at the district (Powiat) level;

(c) The designation of resistant potato varieties shall be according to tests based on the European and Mediterranean Plant Protection Organisation (EPPO) Protocol for the Identification of Quarantine Fungi. Official recognition of areas or places of production as being free from Synchytrium endobioticum (Schilbersky) Percival, shall be in accordance with the Food and Agriculture Organisation International Standards for Phytosanitary Measures No 4 on "Requirements for the establishment of pest free areas" or No 10 on "Requirements for the establishment of pest free places of production and pest free production sites";

(d) At places of production where Synchytrium endobioticum (Schilbersky) Percival is known not to occur, as referred to in the second indent of paragraph (b)(ii)(bb), the Commission may allow the conclusion of individual agreements on the production of non-resistant varieties with the Polish competent authorities;

(e) Poland shall ensure, through the registration of all potato producers, warehouses and distribution centres, that all consignments of potatoes can be traced back to their district of origin. For that purpose, the registration number of the said producers, warehouses and dispatching centres shall contain a reference to the districts where the potatoes have been produced, stored, graded or packed. This registration number shall be displayed on every consignment of potatoes originating in Poland and moved within Poland or into other Member States.

(f) Poland shall submit annual reports on the results of the surveys carried out in respect of the distribution of Synchytrium endobioticum (Schilbersky) Percival in its territory. By the end of the period of 10 years, the surveys shall have been completed and all residual or possible newly infected plots, together with their safety zone, which shall be large enough to ensure the protection of surrounding areas, shall have been scheduled. The annual reports shall include lists of the areas and places of production where Synchytrium endobioticum (Schilbersky) Percival is known not to occur, as referred to in the first and second indents of paragraph (b)(ii)(bb).

(g) Before the end of the 10 year period, the Commission shall, in cooperation with the Polish authorities, examine the situation in the light of developments and consider whether any further measures are necessary. Any such measures shall be adopted in accordance with the procedure laid down in Article 18 of Directive 2000/29/EC.

2. 31991 L 0414: Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230 of 19.8.1991, p. 1), as last amended by:

- 32002 L 0081: Commission Directive 2002/81/EC of 10.10.2002 (OJ L 276, 12.10.2002, p. 28).

By way of derogation from Article 13(1) of Directive 91/414/EEC, Poland may postpone, until 31 December 2006 at the latest, the deadlines for the provision of the information referred to in Annex II and Annex III to Directive 91/414/EEC for plant protection products produced in Poland and marketed exclusively on Polish territory and containing 2,4-D, MCPA, carbendazim or Mecoprop (MCPP), provided that those ingredients are at the time listed in Annex I to that Directive, and that the applicant companies effectively started working on the generation or acquisition of the required data before 1 January 2003.

3. 31999 L 0105: Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material (OJ L 11, 15.01.2000, p. 17).

By way of derogation from Article 28(3) of Directive 1999/105/EC, Poland may allow marketing until exhaustion of stocks of forest reproductive material accumulated before 1 January 2004 that does not meet all the provisions of the Directive.

[21] Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1). Directive as last amended by Commission Directive 2002/36/EC (OJ L 116, 3.5.2002, p. 16).

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