Proposal for a COUNCIL DECISION on the equivalence of seed potatoes produced in third countries
Date: 1995-05-30
Institutions: European Commission
Subjects: Switzerland, mutual recognition principle, plant health control, plant health legislation, potato, seedling

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels, 30.05.1995 
COM(95)210  final 

Proposal  for a 

COUNCIL DECISION 

on  the  equivalence  of  seed  potatoes  produced  in  third  countries 

(presented by the Commission) 

EXPLANATORY MEMORANDUM 

Directive 66/403/EEC on the marketing of seed potatoes provides for the 
Council to determine whether the conditions governing  seed potatoes 
harvested and controlled  in a third country are equivalent to those in the 
Community. 

Decision 81/956/EEC established equivalence for seed potato produced in 
Switzerland. That decision expires on 30 June 1995. 

The present proposal renews the equivalence for Switzerland until 
30 June 2000. 

There are no subsidiarity  implications given that the proposal is based on 
Directives adopted under Article 43 of the Treaty on the European Community 
and thus falls within the exclusive competence of the Community. 

yi 

Proposal for a Council Decision 
of 
on the equivalence of seed potatoes produced  in third  countries 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having regard to Council Directive 66/403/EEC of 14 June 1966 on the 
marketing of seed potatoes1, as last amended by the Act of Accession of 
Austria, Finland and Sweden, and in particular Article 15(1) thereof, 

Having regard to the proposal from the Commission, 

Whereas there are rules on the official control of seed potato in 
Switzerland; 

Whereas the abovementioned rules provide that basic seed and certified seed 
potato may be officially certified and their containers officially closed 
in accordance with the United Nations/Economic Commission for Europe 
("UN/ECE") Standard  for seed potato recommended by the Working Party on 
Standardization of Perishable Produce and Quality Development of the 
Economic Commission for Europe of the United Nations; 

Whereas an examination of these rules and the manner in which they are 
applied  in Switzerland have shown that the conditions governing seed 
potatoes harvested and controlled  in this country afford the same 
assurances as regards their characteristics and the arrangements for their 
inspection, for ensuring identity, for marking and for control, as do the 
conditions applicable to seed potatoes harvested and controlled within the 
Community; 

Whereas Decision 81/956/EEC2, as last amended by Decision 90/403/EEC3, which 
established equivalence for seed potato produced  in Switzerland, expires on 
30 June 1995; whereas a new Decision is therefore necessary; 

1 
2 
3 

OJ No 125, 11.06.1966, p. 2320/66 
OJ No L 351, 07.12.1981, p* 1 
OJ No L 208, 07.08.1990, p. 29 

- 2 -

Whereas this Decision does not prevent Community  findings from being 
revoked  if it becomes apparent that the conditions on which such findings 
are based are no longer fulfilled; whereas, to this end, further practical 
information on seed potatoes produced  in the abovementioned  countries 
should be obtained by growing and checking samples of such seed within the 
framework of the Community comparative tests; 

Whereas this Decision does not affect the requirements which Member States 
establish under 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 products4, as last amended by the Act 
concerning the conditions of Accession of Austria, Finland and Sweden; 

HAS ADOPTED THIS DECISION: 

Article 1 

It is hereby declared that, where the conditions  laid down in Part II of 
the Annex hereto are satisfied, seed potatoes which are harvested  in the 
country specified  in Part I of the Annex hereto and officially  controlled 
by the Authorities  listed therein and which belong to the categories 
specified therein are equivalent to seed potatoes of corresponding 
categories harvested within the Community and comply with Directive 
66/403/EEC. 

This Decision shall apply from 1 July 1995 to 30 June 2000. 

Article 2 

This Decision is addressed to the Member States. 

Article 3 

Done at Brussels, 

For the Council, 

4 

OJ No L 26, 31.01.1977, p. 20 

3 

-  3 

PART  I 

TABLE 

ANNEX 

Country 

Authority 

Categories 

In the 
country 
concerned 

In the 
Community 

1 

2 

3 

4 

Switzerland 

-  Station fédérale de 

recherches agronomiques, 
Nyon 

-  Eidgenôssische 

Forschungsanstalt fiir 
Landwirtschaftlichen 
Pflanzenbau, 
Zurich 

Plants 
certifiés 
-  Classe A 
-  Classe B 

Anerkanntes 
Pflanzgut 
-  Klasse A 
-  Klasse B 

Certified 
seed 
potatoes 

- 4 -

PART II 

Conditions 

1. 

2. 

Seed potatoes shall be certified and their containers officially 
marked and sealed in accordance with the UN/ECE Standard for seed 
potato recommended by the Working Party on Standardization of 
Perishable Produce and Quality Development of the Economic Commission 
for Europe of the United Nations. 

Examination of the conditions to be satisfied by the crops, the lots 
and the direct progeny of seed potatoes shall be carried out by the 
Authorities of the producing country listed in Part I of this Annex, 
or by any legal person charged exclusively with specific public 
functions, whether governed by public of private law, acting under 
the responsibility  and supervision of such Authorities, provided that 
such person, and its members, have no personal interest in the 
outcome of the measures they take. 

3. 

All particulars shall be provided  in at least one of the official 
languages of the European Communities. 

4. 

The colour of the label shall be blue. 

****** 

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ISSN 0254-1475 

COM(95) 210  final 

DOCUMENTS 

EN 

03  11 

Catalogue number  : CB-CO-95-237-EN-C 

ISBN 92-77-89231-5 

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