ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
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COM (83) 712 
 
 
Vol. 1983/0 254 
  
 
Disclaimer  
Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the opening to the public of the historical archives of the European Econom ic 
Communit y and the European Atom ic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), t his file is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation.  
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februa r 1983 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003  
(ABI. L 243 v om 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5  
der genannten Verordnung freigegeben.  
COMMISSION OF THE EUROPEAN COMMUNITIES
C O M (83) 712 fin a l 
B r u s s e l s ,  25 N o ve m b e r 1 983
P r o p o s a l f o r  a 
COUNCIL D EC IS IO N
a p p r o v in g  d e r o g a t i o n s  p r o v id e d  f o r  by I t a l y  fr o m  c e r t a i n  
p r o v i s i o n s  o f  C o u n c il D i r e c t i v e  7 7 /9 3 /E E C  i n  r e s p e c t  o f 
s e e d  p o t a t o e s  o r i g i n a t i n g  in  C anada
P r o p o s a l f o r  a 
COUNCIL D E C IS IO N
a p p r o v in g  d e r o g a t i o n s  p r o v id e d  f o r  b y I t a l y  fr o m  c e r t a i n  p r o v i s i o n s  
o f  C o u n c il D i r e c t i v e  7 7 /9 3 /E E C  i n  r e s p e c t  o f  s e e d  p o t a t o e s
o r i g i n a t i n g  i n  P o la n d
( s u b m i t t e d  t o  th e  C o u n c il by th e  C o m m is s io n )
C 0M (8 3 ) 7 12  f i n a l

EXPLANATORY MEMORANDUM c.
U n d e r th e  C o m m u n ity  p l a n t  h e a l t h  r e g im e ,  s e t up u n d e r C o u n c il D i r e c t i v e  7 7 /9 3 /E E C , 
M em ber S ta te s  a re  n o t a llo w e d  t o  im p o r t  p o t a t o e s  o r i g i n a t i n g  in  t h i r d  c o u n t r i e s  
w h e re  P o t a t o  s p i n d l e  t u b e r  v i r o i d  o r  C o r y n e b a c te r iu r n  s e p e d o n ic u m  i s  know n t o  o c c u r ,  
a m o n g s t w h ic h  a re  C anada a n d  P o la n d , e x c e p t b y way o f  a d e r o g a t i o n .
At t h e  r e q u e s t o f  I t a l y ,  t h e  C o m m is s io n  d re w  up m e a s u re s  a p p r o v in g  d e r o g a t i o n s  
p r o p o s e d  b y I t a l y ,  p r o v id e d  t h a t  a c e r t a i n  n u m b e r o f  s p e c i a l ,  t e c h n i c a l  c o n d i t i o n s  
w e re  m e t. In  d r a w in g  up t h e s e  m e a s u re s  t h e  C o m m is s io n  to o k  i n t o  a c c o u n t t h e  r e s u l t s  
o f  i t s  e x a m in a t io n ,  c a r r i e d  o u t on th e  b a s is  o f  t h e  i n f o r m a t i o n  c u r r e n t l y  a v a i l a b l e ,  
o f  th e  p l a n t  h e a l t h  s i t u a t i o n  in  th e  tw o  t h i r d  c o u n t r i e s  in  q u e s t i o n .
On 28 O c to b e r  1983 t h e s e  m e a s u re s  w e re  s u b m it t e d ,  in  a c c o r d a n œ w i t h  th e  p r o v i s i o n s  
o f  A r t i c l e  16 o f  D i r e c t i v e  7 7 /9 3 /E E C , t o  th e  S ta n d in g  C o m m itte e  on P l a n t  H e a lth  f o r  
i t s  o p i n i o n .  When th e  q u e s t i o n  was p u t t o  th e  v o t e ,  t h e  r e p r é s e n t â t iv e s  o f  G e rm a n y , 
I r e l a n d  and th e  U n it e d  K in g d o m  r e j e c t e d  t h e  m e a s u re s  a n d  th e  r e p r é s e n t â t iv e  o f  
F ra n c e  a b s t a i n e d .  The r e p r é s e n t â t i v e s  o f  th e  f i r s t  t h r e e  Member S t a te s  c o n s id e r e d  
t h a t  th e  r i s k  o f  i n t r o d u c i n g  th e  tw o  h a r m f u l o r g a n is m s  i n t o  I t a l y  th r o u g h  th e  
i m p o r t a t i o n  o f  s e e d  p o t a t o e s  o r i g i n a t i n g  in  C anada o r  P o la n d  r e m a in e d  to o  g r e a t ,  
w h i l e  th e  r e p r e s e n t a t i v e  o f  F ra n c e  s t a t e d  t h a t  i t  h ad  n o t y e t b e e n  p o s s i b l e  t o  
d e f i n e  h is  c o u n t r y ' s  p o s i t i o n .
The r e p r é s e n t â t iv e s  o f  t h e  s i x  o t h e r  M em ber S t a te s  s u p p o r t e d  th e  m e a s u r e s .
As a r e s u l t ,  s in c e  th e  S t a n d in g  C o m m itte e  on P l a n t  H e a lth  d id  n o t a d o p t a f a v o u r a b le  
o p i n i o n ,  th e  C o u n c il m u s t now  g i v e  i t s  v ie w  on th e  tw o  p r o p o s a ls  f o r  a D e c i s i o n .
F o r i t s  p a r t  th e  C o m m is s io n  c o n s i d e r s  t h a t  e x p e r ie n c e  o f  th e  a p p l i c a t i o n  o f  s i m i l a r  
m e a s u re s  a p p r o v e d  in  r e c e n t  y e a r s  d e m o n s tr a te s  t h a t  th e  p l a n t  h e a lt h  r i s k s  c a n n o t 
be h e ld  t o  be u n a c c e p t a b le  a n d  t h a t  th e  p r o p o s e d  m e a s u re s  a re  t h e r e f o r e  j u s t i f i e d .
The C o u n c il i s  i n v i t e d
-  t o  a g r e e ,  s in c e  th e  p r o g r e s s  o f  th e  c u r r e n t  se e d  p o t a t o  s e a s o n  r e n d e r s  th e  m a t t e r  
u r g e n t ,  t o  r e a c h  a d e c i s i o n  w i t h i n  a p e r i o d  o f  tim e  c o r r e s p o n d in g  t o  t h a t  w h ic h  
a p p l i e s  u n d e r  th e  a c c e l e r a t e d  p r o c e d u r e  ( c f .  A r t i c l e  17 o f  D i r e c t i v e  7 7 / 9 3 / E E C ) ,  
t h a t  is  t o  s a y , f i f t e e n  d a y s ,  a n d  th u s  t o  re d u c e  c o r r e s p o n d i n g l y  in  t h i s  c a s e  th e  
tim e  l i m i t  l a i d  dow n in  th e  s e c o n d  in d e n t o f  A r t i c l e  1 6 ( 4 )  o f  D i r e c t i v e  7 7 /9 3 /E E C ,
-  t o  a d o p t th e  tw o  p r o p o s a l s  f o r  a D e c i s i o n .

PROPOSAL
for a Council Decision
approving derogations provided for by Italy from certain provisions  
of Council Directive 77/93/EEC in respect of seed potatoes
originating in Canada
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective  
measures against the introduction into the Member States of organisms harmful  
to plants or plant productsas  last amended by Directive 8l/7/EEC^2\  
and in particular Article 14(2) thereof,
Having regard to the communication from Italy of 23 July 1983,
Having regard to the proposal from the Commission,
Whereas, pursuant to Directive 77/93/EEC, potato tubers originating in the  
American Continent may not in principle be brought into the Community unless  
their faculty of germination has been suppressed, in view of the risk of the  
introduction of potato spindle tuber viroid and unless - if they originate in  
a country where Corynebacterium s e p e d o n ic u m  i s  kn ow n  to o c c u r  -  p r o v i s i o n s  r e c o g n iz e d  a s  
equivalent to the Community provisions on combatting this organism have been  
complied with in the country of origin;
Whereas, nevertheless, Article 14C1)(c)(iii) of the abovementioned Directive  
permits Member States to provide for derogations with regard to the rule  
relating to the suppression of the faculty of germination, provided that there  
is no risk of harmful organisms spreading, and these derogations are subject  
to approval in accordance with the provisions of Article 14(2);
Whereas in Italy the growing of potatoes of the Kennebec variety has been an  
established practice; whereas part of the supply of seed potatoes of this  
variety has been ensured through importations from Canada;
(1) OJ No L 26, 31.01.1977, p 20
(2) OJ No L 14, 16.01.1981, p 23

-  2 -
Whereas Commission Decision 81/974/EEC y:>> approved derogations in  
subject to certain technical conditions to prevent the risk of harmful  
organisms spreading; whereas that approval expired on 31 December 1982;
Whereas Italy has stated that it intends to provide for derogations also for  
the current seed potato season;
Whereas it is known that Canada is not free from potato spindle tuber viroid  
or from Corynebacterium sepedonicum;
Whereas Canada has further developed its programme to eradicate these harmful  
organisms in the provinces of New Brunswick and Prince Edward Island; whereas  
this programme has still not yet proved fully effective;
Whereas recent information supplied by Canada has shown that there are good  
reasons to believe that this programme may become fully effective soon;  
whereas in particular it has at present not been established that there are  
elements which would m ilita te  against the recognition o f the provisions implemented there as equi­
valen t to  the Community provisions on combating Corynebacterium sepedonicum;
Whereas it can therefore be established that no n^-v risks have arisen and it  
appears under these circumstances that the assess *ent of the risk of the  
harmful organisms in question spreading, made in Decision  
81/974/EEC, can be confirmed, provided that certain special technical  
conditions are complied with;
Whereas the derogations provided for by Italy should therefore be approved for  
the current seed potato season, provided that they include those special  
technical conditions, s u b je c t.to  the provisions o f Council D ire c tiv e  66 / /EEC o f 14 June 1966
on the marketing o f seed potatoes ,  as la s t amended by D ire c tiv e  81/561/EEC ;
Whereas, however, a further extension can only be envisaged if it has been  
established on the basis of a detailed technical report to be supplied by  
Canada that the Canadian eradication programme has been fully effective at  
least for one of the provinces concerned;
(3) OJ No L 355, 10.12.1981, p 60
(4) O J  No 125, 1 1.7 .1 9 6 6 , p. 2320/66
(5) O J  No L 203, 2 3 .7 .1 9 8 1 , p.52

W h e re a s :  th e  Standing Committee on Plant Health has not d e liv e red  an opinion
w ith in  the tim e -lim it set by it s  chairman,
HAS ADOPTED THIS DECISION:
Article 1
1. Approval is hereby g iven ,  u n d e r th e  conditions la id  down in paragraph  2 and
without preju dice to  the provisions o f D ire c tiv e  66/403/EEC, to  It a ly  to  provide, in
(c.)
Council Directive 81/561/EEC of 13 July 1981v  ', to Italy to provide, in  
accordance with Article 14(l)(c)(iii) of Directive 77/93/EEC, and in  
connection with the third indent in Annex IV, Part A(24) thereto, for  
derogations from Article 5(l) and the third indent of Article 12(l)(a) of  
that Directive as regards the requirements referred to in Annex IV,
Part A(25), in respect of seed potatoes of the Kennebec variety,  
originating in the Canadian provinces of New Brunswick and Prince Edward  
Island.
2. For the purposes of paragraph 1, the following conditions shall apply:
a) The seed potatoes shall be the first direct progeny of seed potatoes of  
the categories 'Pre-elite', 'Elite I', ‘Elite II' or 'Elite III' which  
have been produced in establishments qualified to produce seed potatoes of  
the 'Pre-elite' or 'Elite I' categories and which are either official  
establishments or officially designated and controlled for that purpose.
b) The seed potatoes shall have been produced either in zones set up as seed  
potato production areas or in comparable areas situated in zones other  
than those designated as danger zones because of the presence of potato  
spindle tuber viroid or Corynebacterium sepedonicum.
c) The seed potatoes shall have been certified officially as seed potatoes  
meeting at least the conditions laid down for the 'Foundation' category.

- 4 -
d) A sample shall be taken officially from each consignment intended for  
Italy and consisting of products from a single producer. Such samples  
shall comprise approximately 1% of the tubers in that consignment, up to a  
thousand tubers. They shall be examined by official laboratories in order  
to detect any presence of potato spindle tuber viroid or Corynebacterium  
sepedonicum. These examinations shall be carried out using the following  
methods:
- as regards potato spindle tuber viroid, the PAGE-method after passage of  
the material through tomato plants, and
- as regards Corynebacterium sepedonicum, the Angers-IF-method.
e) The plant health certificate required shall be made out only after  
confirmation that the presence of potato spindle tuber viroid or  
Corynebacterium sepedonicum could not be detected in the examinations  
referred to in d) above. It shall also state that the conditions laid  
down in a) to d) have been complied with and shall give the name of the  
establishment as referred to in a) and of the area as referred to in b).
f) In Italy a representative sample shall be taken officially, by spot  
checks, from each of the consignments imported pursuant to this Decision,  
for official examination as described in d). Subsamples shall be made  
available to other Member States. The consignments concerned shall remain  
under official control and may not be marketed or used until it has been  
confirmed that the presence of potato spindle tuber viroid or  
Corynebacterium sepedonicum could not been detected in those  
examinations. The total of consignments imported shall not exceed  
an amount which is adequate for the abovementioned examinations, taking  
into account the facilities available for that purpose.
g) Potatoes grown from seed potatoes imported pursuant to this Decision  
shall not be certified as seed potatoes and shall be used only as potatoes  
for consumption in Italy.
h) Buildings, containers, packaging material, vehicles and handling, grading  
and preparation equipment which has been in contact with seed potatoes  
imported pursuant to this Decision shall at least be cleaned and  
disinfected before being brought into contact with other potatoes.

Article 2
Italy shall provide the Commission and the other Member States before 1  June 1984  
with a detailed technical report of the official examinations re fe rre d  to in 
Article 1(2) (f).
Article 3
The approval granted in Article 1 shall expire on 31 January 1984· It shall  
he revoked prior to that date if it is found that the conditions laid down in  
Article 1(2) have been insufficient to prevent the introduction of the harmful  
organisms in question or have not been complied with.
Article 4
This Decision is addressed to the Italian Republic.
Done a t  Brussels, For the Counci l

•.PROPOSAL
for a Council Decision
approving derogations provided for'by Italy from certain provisions  
of Council Directive 77/93/EEC in respect of seed potatoes
originating in Poland
// ,  ■
THE COUNCIL OF THE EUROPEAN ÇQÎMUNITIES, '
Having regard to the Treaty establishing the European Economic Community,  
Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective
measures against the introduction into the Member States of organisms harmful  
to plants or plant products as last amended by Directive 81/7/EEC^2'*,  
and in particular Article 14(2) -thereof,
Having regard to the communication from Italy of 28 September 1983,
Having regard to the proposal from the Commission,
Wher/*hs, pursuant to Directive 77/93/EEC, potato tubers originating in
.y^non-member countries where potato spindle tuber viroid has occurred may not in  
principle be brought into the Community unless their faculty of germination  
has been suppressed, in view of the risk of the introduction of potato spindle  
tuber viroid and unless - if they originate in a country where Corynebacterium sepedonicum 
is known to occur - provisions recognized as equivalent to the Community  
provisions on combatting this organism have been complied with in the country  
of origin;
Whereas, nevertheless, Article 14(l)(c)(iii) of the abovementioned Directive  
permits Member States to provide for derogations with regard to the rule  
relating to the suppression of the faculty of germination, provided that there  
is no risk of harmful organisms spreading, and these derogations are subject  
to approval in accordance with the provisions of Article 14(2);
(1) OJ No L 26, 31.01.1977, p 20
(2) OJ No L 14, 16.01.1981, p 23

-  2 -
Whereas in Italy the growing of potatoes of the Majestic and Sieglinde  
varieties has been an established practice; whereas part of the supply of seed  
potatoes of these varieties has been ensured through importations from Poland;
Whereas Italy has stated that it intends to provide for the abovementioned  
derogations in respect of seed potatoes originating in Poland;
Whereas it is known that Poland is not free from potato spindle tuber viroid  
or from Corynebacterium sepedonicum;
Whereas Poland has set up a programme to eradicate these harmful organisms;  
whereas this programme has not yet proved effective;
Whereas recent informatiçéfi supplied by Poland has shown that there are good  
reasons to believe that:  this programme may become effective soon, at least in  
parts of Poland other than the voievodships of Bydgoszcz and of Pila; whereas  
in particular it haa at present not been established that there are elements which 
would militate against the recognition of the provisions implemented there as equivalent to the 
Community provisions on combatting Corynebacterium sepedonicum;
Whereas it ran therefore be established that no recent risks have arisen and  
it appears under these circumstances that the assessment of the risk of the  
harmful organisms in question spreading, made in Commission Decision  
8l/974/'EECv  in respect of Canada, can be extended to the case of Poland,  
provided that certain special technical conditions are complied with;
Whereas the derogations provided for by Italy should therefore be approved for  
the current seed potato season, provided that they include those special
technical conditions , subject to the provisions of Council Directive 66/403/EEC of 16 June 1966 
on the marketing of seed potatoes^ , as last amended by Directive 81/561/EEC(5);
Whereas, however, a further extension can only be envisaged if it has been  
established through thorough technical examinations to be carried out in Poland  
that the plant health situation in respect of potatoes growing in Poland  
confirms the above conclusions;
(3) OJ Wo L 355, 10.12.1981, p 60
(4) OJ No 125, 11.7.1966, p.2320/66
(5) OJ No L 203, 23.7.1981, p=52

- 3 -
Whereas the Standing Committee on Plant Health has not delivered an opin.i 
within the time-limit set by its chairman,
HAS ADOPTED THIS DECISION:
Article 1
1.  Approval is hereby given, under the conditions laid down in paragraph 2 and without prejudice 
to the provisions of Directive 66/403/EEC, to Italy to provide, in 
accordance with Article 14(l)(c)(iii) of Directive 77/93/EEC, and in  
connection with the third indent in Annex IV, Part A(24) thereto, for  
derogations from Article 5(l) and the third indent of Article 12(l)(a) of  
that Directive as regards the requirements referred to in Annex IV,
Part A(25), in respect of seed potatoes of the Majestic and Sieglinde  
varieties, originating in parts of Poland other than the voievodships of  
Bydgoszcz and of Pila.
2. For the purposes of paragraph 1, the following conditions shall apply:
a) The seed potatoes shall he the first direct progeny of seed potatoes of  
the category 'Super-Elite' or of a preceding category which have been  
produced in establishments qualified to produce seed potatoes of the  
'Super-Elite' category and which are either official establishments or  
officially designated and controlled for that purpose.
b) The seed potatoes shall have been produced either in state establishments  
or in 'closed zones' ('strefy zamkni^te').
c) The seed potatoes shall have been certified officially as seed potatoes  
meeting at least the conditions laid down for the 'Elite' category.
(4) OJ No 125, 11.07.1966, p 2320/66
(5) OJ No L 203, 23.07.1981, p 52

- 4 -
d) A sample shall be taken officially from each consignment intended for  
Italy and consisting of products from a single producer. Such samples  
shall comprise approximately 1$ of the tubers in that consignment, up to a  
thousand tubers. They shall be examined by official laboratories in order  
to detect any presence of potato spindle tuber viroid or Corynebacterium  
sepedonicum. These examinations shall be carried out using the following  
methods:
- as regards potato spindle tuber viroid, the PAGE-method after passage of  
the material through tomato plants,  and
- as regards Corynebacterium sepedonicum, the Angers-IF-method.
e) The plant health certificate required shall be made out only after  
confirmation that the presence of potato spindle tuber viroid or  
Corynebacterium sepedonicum could not be detected in the examinations  
referred to in d) above. It shall also state that the conditions laid  
down in a) to d) have been complied with and shall give the name of the  
establishment as referred to in a) and of the area as referred to in b).
f) In Italy a representative sample shall be taken officially, by spot  
checks, from each of the consignments imported pursuant to this Decision,  
for official examination as described in d). Subsamples shall be made  
available to other Member States. The consignments concerned shall remain  
under official control and may not be marketed or used until it has been  
confirmed that the presence of potato spindle tuber viroid or  
Corynebacterium sepedonicum could not been detected in those  
examinations. The total of consignments imported shall not exceed  
an amount which is adequate for the abovementioned examination, taking  
into account the facilities available for that purpose.
g) Potatoes grown from seed potatoes imported pursuant to this Decision  
shall not be certified as seed potatoes and shall be used only as potatoes  
for consumption in Italy.

h) Buildings, containers, packaging material, vehicles and handling, grading  
and preparation equipment which has been in contact with seed potatoes  
imported pursuant to this Decision shall at least be cleaned and  
disinfected before being brought into contact with other potatoes.
Article 2
Italy shall provide the Commission and the other Menber States before 1 June 1984  
with a detailed technical report of the official examinations referred to in 
Article 1(2)(f).
Article 3
The approval granted in Article 1 shall expire on 31 January 1984· It shall  
be revoked prior to that date if it is found that the conditions laid down in  
Article 1(2) have been insufficient to prevent the introduction of the harmful  
organisms in question or have not been complied with.
Article 4
This Decision is addressed to the Italian Republic.
Done at Brussels, For the Council