Proposal for a COUNCIL DIRECTIVE on the control of Pseudomonas solanacearum (Smith) Smith
Date: 1997-01-29
Institutions: European Commission
Subjects: fruit vegetable, parasitology, plant health control, plant health treatment, potato

COMMISSION OF THE EUROPEAN  COMMUNITIES 

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TV 

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TV 

Brussels, 29.01.1997 
COM(97)  15 final 

97/0025 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

on the control of Pseudomonas  solanacearurn  (Smith) Smith 

(presented by the Commission) 

— / I -

EXPLANATORY MEMORANDUM 

This proposal concerns a Control Directive in which measures to be taken by 
Member States against the bacterial pathogen Pseudomonas  solanacearurn 
(Smith) Smith, the  cause of the brown rot disease on potatoes and 
bacterial wilt of tomatoes, are laid down in order to locate the pathogen, 
prevent its occurrence and spread, and control it with the aim of 
eradication. 

Pseudomonas solanacearurn  (Smith) Smith until fairly recently was known to 
cause disease problems  in the tropics, subtropics  and warm temperature 
regions: in the EU the potato brown disease was reported  from the southern 
Member States. These reports dated  from the 1960s or earlier and since that 
date there had been no reports of outbreaks until  1995 when severe problems 
with extensive rotting of potato tubers were reported  in several outbreaks 
in Italy and Portugal, and in 1996 several outbreaks  in Spain. 

In the meantime, however, in the beginning of the 1990s, isolated  outbreaks 
of potato brown rot were recorded in three northern Member  States, Belgium, 
the Netherlands  and the United Kingdom, and in 1994 and  1995 there were 
several outbreaks of bacterial wilt in tomato production  in France. Then in 
late 1995, outbreaks were reported in both seed and ware potato production 
in the Netherlands. A specific Commission Decision was introduced  in 1995 
(renewed  for a further year in 1996) to prevent the spread of P. 
solanacearurn as regards potatoes  from the Netherlands  and at the same time 
the need  for a Control Directive on Pseudomonas  solanacearurn  (Smith) Smith 
was recognised  in order to ensure simultaneous  and methodical  control on 
this organism throughout the  Community, as an area without  internal 
frontiers. 

The proposal has been drafted in the knowledge that there are still aspects 
of the biology  and epidemiology  of the organism that are poorly understood, 
and it is anticipated  that there will be developments  in the understanding 
and detection of the organism that may necessitate a further specification 
of measures. 

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

This proposal will have no impact on small or medium-sized  undertakings as 
long as there are no outbreaks  of Pseudomonas  solanacearurn  (Smith) Smith. 
When outbreaks occur, the impact will be the same on any type of 
undertaking. The proposal has no budgetary implications. 

-  /^OU  -

Proposal  for a Council  Directive 
of 
on the control of Pseudomonas  solanacearurn  (Smith) Smith 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing  the European Community, and in 
particular Article 43 thereof, 

Having regard to the proposal  from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Having regard to the opinion of the Economic and Social Committee'', 

Whereas potato and tomato production  occupies an important place in 
Community agriculture; whereas the potato and tomato yield is constantly 
threatened by harmful organisms; 

Whereas, through the protection of potato and tomato cultivation  against 
such harmful organisms, not only should productive  capacity be maintained 
but agricultural productivity  should also be increased; 

Whereas protective measures to prevent the introduction  of harmful 
organisms into the territory of a Member State would have only a limited 
effect were such organisms not controlled  simultaneously  and methodically 
throughout the Community and were not prevented  from spreading; 

Whereas one of the harmful organisms on potatoes and tomatoes is 
Pseudomonas solanacearurn  (Smith) Smith, the pathogenic agent of the potato 
brown rot disease and of bacterial wilt in tomatoes  ; whereas disease 
outbreaks caused by this pathogen have occurred in some parts of the 
Community and some limited  sources of infection still exist; 

* 
2 
S 

OJ no 
OJ No 
OJ N© 

- 2 -

Whereas  there is a considerable  risk to potato and tomato  cultivation 
throughout the Community if effective measures are not taken to locate this 
disease and determine its distribution, to prevent it from occurring and 
spreading, and, if found, to prevent its spread and to control it with the 
aim of eradication; 

Whereas, in order to ensure this, certain measures must be taken within the 
Community; whereas Member States must, in addition, be able to take 
additional or stricter measures where necessary, provided  that there is no 
hindrance to the movement of potatoes or tomatoes within the Community, 
except in so far as laid down in 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; whereas 
such measures must be notified  to the other Member  States and to the 
Commission; 

Whereas the measures have to take into account that systematic  official 
surveys are necessary to locate the pathogen; whereas such surveys should 
include inspection procedures and, where appropriate,  given that under 
certain environmental  circumstances  the disease can remain latent and 
unobserved both in the growing crop of tomatoes and potatoes and in stored 
potato tubers, should include sampling  and testing procedures  ; whereas 
spread of the pathogen within the growing crop is not the most  important 
factor, but whereas  the pathogen can spread by surface water and certain 
associated wild solanaceous plants, and therefore the irrigation  of potato 
and tomato crops using contaminated water appears to pose a risk for 
infection of such crops; whereas also the pathogen  can exist through the 
winter in self-sown  (volunteer) potato and tomato plants and these may be a 
source of infection being carried  from one season to the next; whereas the 
pathogen is spread also by the contamination  of potatoes or tomatoes 
through contact with infected potatoes or tomatoes and through contact with 
planting, harvesting and handling equipment or transport and storage 
containers which have become contaminated with the organism by previous 
contact with infected potatoes or tomatoes; whereas  spread of the pathogen 
can be reduced or prevented by decontamination  of such objects; whereas any 
such contamination  of seed potatoes poses a major  risk  for the spread of 
the pathogen; similarly the latent infection of seed potatoes poses a major 
risk  for the spread of the pathogen and this can be prevented  only by the 
use of seed potatoes produced  in an officially  approved programme whereby 
seed potatoes have been tested and found  free from infection; 

OJ No L 26, 31.01.1977, p. 20. Directive as last amended by Commission 
Directive  96/78/EC  (OJ No L 321, 12.12.1996, p. 20). 

-  3 -

Whereas  the  current  knowledge  of  the  biology  and  epidemiology  of 

Pseudomonas  solanacearum  (Smith)  Smith  under  European  conditions  is 

incomplete  and  it  is  anticipated  that  a  review  of  the measures  proposed 

will  be  necessary  within  several  seasons;  similarly  improvements  to  the 

test  procedure  are  anticipated  in  the  light  of  further  research  especially 

on  the  sensitivity  and  specificity  of  test  methods  in  order  to  select  and 

standardise  the  optimum  test  methods  available; 

Whereas,  for  the  determination  of  the  details  of  such  general  measures,  as 

well  as  for  those  stricter  or  additional  measures  taken  by  Member  States  to 

prevent  the  introduction  of  the  pathogen  into  their  territory,  it  is 

desirable  for Member  States  to  cooperate  closely  with  the  Commission  within 

the  Standing  Committee  of  Plant  Health  (hereinafter  referred  to  as  "the 

Committee"), 

HAS ADOPTED  THIS  DIRECTIVE: 

Article  1 

The  Directive  concerns  the measures  to  be  taken  within  the  Member  States 

against  Pseudomonas  solanacearum  (Smith)  Smith,  (hereinafter  referred  to  as 

•the  organism'),  in  order  to, with  respect  to  the  host  plants  of  the 

organism  listed  in Annex  I Section  1,  (hereinafter  referred  to  as  'the 

listed  plant  material'): 

(a)  locate  it  and  determine  its  distribution; 

(b)  prevent  its  occurrence  and  spread;  and 

(c)  if  found,  to  prevent  its  spread  and  to  control  it  with  the  aim  of 

eradication. 

1.  Member  States  shall  conduct  annual  systematic  official  surveys  for  the 

Article  2 

organism  on  the  listed  plant  material  originating  in  their  territory. 

In  addition,  according  to  the  risk  identified  and  in  order  to  identify 

possible  sources  of  contamination  threatening  the  production  of  the 

listed  plant  material,  Member  States  shall,  in  production  areas  of 

the  listed  plant  material  , conduct  targeted  official  surveys  for  the 

organism  on  plants  other  than  the  listed  plant  material,  including 

wild  solanaceous  plants,  and  on  both  surface  water  which  is  used  for 

irrigation  and  spraying  of  listed  plant  material  and  liquid  waste  from 

industrial  processing  or  packaging  premises  handling  listed  plant 

material.  Member  States  may  also  conduct  official  surveys  for  the 

organism  on  non-plant  material. 

-  4 -

2. 

The  official  surveys  provided  for  in paragraph  1 shall  be  carried  out 

(a) 

for  the  listed  plant  material,  according  to  the  details  set  down 

in point  1 of  Section  II, Annex  I  , and, 

(b) 

for  host  plants  other  than  the  listed  plant  material,  and  for 

water  including  liquid  waste,  in  accordance  with  appropriate 

methods  and,  where  appropriate,  samples  shall  be  taken  and 

subjected  to  official  or  officially  supervised  laboratory 

testing, 

(c) 

where  appropriate  for  non-plant  material,  in  accordance  with 

appropriate  methods. 

For  these  surveys,  further  details  of  the  inspection  procedures  and 

the  number,  origin,  stratification  and  timing  of  collection  of  samples 

shall  be  decided  by  the  responsible  official  bodies  within  the  meaning 

of  Directive  77/93/EEC  based  on  sound  scientific  and  statistical 

principles  and  the  biology  of  the  organism  and  taking  into  account  in 

the Member  State  concerned,  the  particular  production  systems  of  the 

listed  plant  material  and,  as  appropriate,  of  other  host  plants  of  the 

organism. 

3. 

The  details  and  results  of  the  official  surveys  provided  for  in 

paragraph  1 shall  be  notified  by  1 June  each  year  to  the  other  Member 

States  and  to  the  Commission  in  accordance  with  the  provisions  of 

point  2  of  Section  II, Annex  I.  The  details  of  this  notification  shall 

be  confidential.  They  may  be  submitted  to  the  Committee. 

4. 

The  following  provision  shall  be  adopted  in  accordance  with  the 

procedure  laid  down  in Article  16a  of  Directive  77/93/EEC: 

the  appropriate  methods  for  the  surveys  and  the  laboratory 

testing  provided  for  in paragraph  2  subparagraph  1(b)  above. 

5. 

The  following  provisions  may  be  adopted  in  accordance  with  the 

procedure  laid  down  in Article  16a  of  Directive  77/93/EEC; 

the  appropriate  methods  for  the  surveys  provided  for  in 

paragraph  2  subparagraph  1(c)  above, 

further  details  of  the  surveys  provided  for  in paragraph  2 

subparagraph  2  above,  with  a view  to  ensuring  comparable  levels 

of  assurance  between  Member  States. 

-  5 -

Article  3 

Member  States  shall  ensure  that  the  suspected  occurrence  or  confirmed 

presence  of  the  organism  in  their  territory  shall  be  reported  to  their  own 

responsible  official  bodies. 

Article  4 

1. 

In  each  case  of  suspected  occurrence,  the  responsible  official  bodies 

of  the Member  State(s)  concerned  shall  ensure  completion  of  official 

or  officially  supervised  laboratory  testing  using,  for  the  listed 

plant  material,  the  relevant  method  set  out  in Annex  II  and  in 

accordance  with  the  conditions  specified  in  point  1 of Annex  III, or, 

in  all  other  cases,  any  other  officially  approved  method,  in  order  to 

confirm  or  refute  the  suspected  occurrence.  In  the  former  case,  the 

requirements  laid  down  in  point  2  of Annex  III  shall  apply. 

2. 

Pending  the  confirmation  or  refutation  of  a  suspected  occurrence  under 

paragraph  1,  in  each  case  of  suspected  occurrence  where,  either: 

(i) 

diagnostic  symptoms  of  the  diseases  caused  by  the  organism  have 

been  seen  and  a  positive  result  in  the  rapid  screening  test(s), 

as  specified  in Annex  II  section  1 has  been  obtained,  or, 

(ii) 

a positive  result  in  the  screening  test(s)  as  specified  in 

Annex  II  section  2  has  been  obtained, 

the  responsible  official  bodies  of  the Member  States  shall,  in 

relation  to  their  own  production: 

(a) 

prohibit  the movement  of  plants  and  tubers  from  all  crops,  lots 

or  consignments  from which  the  samples  have  been  taken,  except 

under  their  control  and  provided  that  it  has  been  established 

that  there  is  no  identifiable  risk  of  the  organism  spreading; 

take  steps  to  trace  the  origin  of  the  suspected  occurrence; 

introduce  appropriate  additional  precautionary  measures  based  on 

the  level  of  estimated  risk,  particularly  in  relation  to 

production  of  the  listed  plant  material,  in  order  to  prevent  any 

(b) 

(c) 

spread  of  the  organism. 

-  6 -

3.  In those cases of suspected occurrence where there is a risk of 

contamination of the listed plant material or surface water in another 
Member  State(s), the Member  State in which the suspected  occurrence 
has been reported shall immediately notify, according  to the risk 
identified, the details of the said suspected occurence to the other 
Member State(s) concerned. 

4.  The following provision may be adopted in accordance with the 
procedure laid down in Article  16a of Directive 77/93/EEC: 

the measures  referred to in paragraph 2(c) above. 

1.  If official or officially  supervised laboratory  testing, using, for 

Article 5 

the listed plant material, the relevant method set out in Annex II or, 
in all other cases, any other officially  approved method, confirms the 
presence of the organism in a sample taken pursuant  to this Directive, 
the responsible official bodies of a Member State, having  regard to 
sound scientific principles, the biology of the organism and the 
particular production, marketing  and processing  systems of the host 
plants of the organism in that Member State, shall: 
(a) 

for the listed plant material, 
(i) 

(ii) 

establish an investigation  to determine the extent and 
primary  source(s) of the contamination  taking into 
account the provisions  of Annex  IV, with  further  testing 
in accordance with Article  4(1), as appropriate, and 
designate as contaminated  the listed plant material, 
consignment  and/or lot from which the sample was taken, 
and the machinery, vehicle, vessel, store, or units 
thereof, and any other objects  including  packaging 
material which have been in contact with the listed 
plant material  from which the sample was taken; also 
designate as contaminated, where appropriate, the 
field(s), unit(s) of protected  crop production and 
place(s) of production  from which the listed plant 
material was harvested  and  from which the sample was 
taken; and for those samples taken in the growing 
season, designate as contaminated  the  field(s), place(s) 
of production, and, where appropriate, unit(s) of 
protected  crop production  from which  the sample was 
taken, and, 

(iii) 

determine,  taking  into  account  the  provisions  of  point  1 

of Annex  V,  the  extent  of  probable  contamination  through 

pre-  or  post-harvest  contact,  through  production, 

irrigation  or  spraying  links  or  through  clonal 

relationship  with  the  designated  contamination,  and, 

(iv) 

demarcate  a  zone  on  the  basis  of  the  designation  of 

contamination  under  (ii), the  determination  of  the 

extent  of  probable  contamination  under  (iii),  and  the 

possible  spread  of  the  organism,  taking  into  account  the 

provisions  of  point  2(i)  of Annex  V; 

(b) 

for  crops  of  host  plants  other  than  those  mentioned  under  (a) 

where  production  of  the  listed  plant  material  is  identified  at 

risk, 

(i) 

establish  an  investigation  in  accordance  with 

subparagraph  (a)(i),  and 

(ii) 

designate  as  contaminated  the  host  plants  of  the 

organism  from  which  the  sample  was  taken,  and 

(iii) 

determine  the  probable  contamination  and  demarcate  a 

zone  in  accordance  with  subparagraphs  (a) (iii)  and  (iv) , 

respectively,  in  relation  to  production  of  the  listed 

plant  material; 

(c) 

for  surface  water  (including  liquid  waste  discharges  from 

industrial  processing  or  packaging  premises  handling  listed 

plant  material)  and  associated  wild  solanaceous  host  plants, 

where  production  of  the  listed  plant  material  is  identified  at 

risk  through  irrigation  or  spraying  of  the  surface  water, 

(i) 

establish  an  investigation  including  an  official  survey 

at  appropriate  times  on  samples  of  surface  water  and  if 

present  wild  solanaceous  host  plants  to  establish  the 

extent  of  the  contamination,  and 

(ii) 

designate  as  contaminated  the  surface  water  from  which 

the  sample(s)  was  taken,  to  the  extent  appropriate  and 

on  the  basis  of  the  investigation  under  (i),  and 

(iii) 

determine  the  probable  contamination  and  demarcate  a 

zone  on  the  basis  of  the  designation  of  contamination 

under  (ii)  and  the  possible  spread  of  the  organism 

taking  into  account  the provisions  of  point  2(ii)  of 

Annex  V. 

2.  Member  States shall immediately notify the other Member  States and the 

Commission, in accordance with the provisions  of point  3 of Annex V, 
of any contamination designated under paragraphs  1(a)(ii) and  1(c)(ii) 
and the details of the zone demarcation under paragraph  1(a)(iv) and, 
where applicable, under paragraph  1  (c)  (iii). 

The details of this notification  shall be confidential. They may be 
submitted to the Committee. 

3.  As a result of the notification under paragraph 2 and the elements 

mentioned therein, other Member  States detailed  in the notification 
shall establish an investigation  in accordance with paragraph  1(a)(i) 
and, where applicable, paragraph  1(c)(i) and take further action, as 
appropriate, in accordance with paragraphs  1 and 2. 

Article 6 

1.  Member  States shall prescribe  that the listed plant material 

designated  to be contaminated  under Article  5(1)(a)(ii) may not be 
planted and that, under the control and approval of their  responsible 
official bodies, it shall be destroyed  in accordance with the 
provisions  of point  1 of Annex VI, such that it is established  that 
there is no identifiable  risk of the organism spreading. 

2.  Member States shall prescribe  that the listed plant material 

determined as probably  contaminated  under Article  5(1)(a)(iii) may not 
be planted and shall, under the control of their  responsible  official 
bodies, be put to appropriate use or disposal as specified  in point 2 
of Annex VI, such that it is established  that there is no identifiable 
risk of the organism spreading. 

3.  Member States shall prescribe  that any machinery, vehicle, vessel, 
store, or units thereof, and any other objects including  packaging 
material, designated  as contaminated  under Article  5(1)(a)(ii) or 
determined  as probably  contaminated  under Article  5(1) (a) (iii),  shall 
either be destroyed  or decontaminated  using appropriate methods as 
specified  in point  3 of Annex VI.  After decontamination, any such 
objects shall no longer be considered  contaminated. 

-  9 -

Without prejudice to the measures  implemented under paragraphs  1, 2 
and 3, Member States shall prescribe  that, in the zone demarcated 
under Article  5(1)(a)(iv) and  (c)(iii), a series of measures, as 
specified in points  4.1 and 4.2  of Annex VI, shall be implemented. 
Details of these measures shall be notified annually to the other 
Member States and to the Commission  in accordance with the provisions 
of point 4.3  of Annex VI. 
The details of this notification  shall be confidential. They may be 
submitted to the Committee. 

Article 7 

Member States shall prescribe  that seed potatoes shall meet the 
requirements  of Directive  77/93/EEC and shall derive in direct line 
from potato material obtained under an officially  approved  programme 
which has been  found  free of the organism in official  or officially 
supervised testing using the relevant method  set out in Annex II. 

The aforesaid testing  shall be carried out: 

in cases where the contamination affects seed potato production, 
on representative  samples of the basic seed potatoes or earlier 
propagations, and 
= 

for field selection  systems in which  the plants  selected 
for clonal propagation have not been propagated  for more 
than three generations  since the previous  clonal selection, 
(i) 

on all lots produced by one of these three 
generations  and to be used  for further propagation, 
or 
on each plant of the initial clonal selection, 

(ii) 
for other systems including  tissue culture, on each plant 
or tuber of the initial  clonal selection, 

= 

in other cases, either on each plant of the initial  clonal 
selection or on representative  samples of the basic seed 
potatoes or earlier propagations.. 

2.  The following provisions may be adopted in accordance with the 
procedure laid down in Article  16a of Directive 77/93/EEC: 

- 10 -

the detailed  rules of application of the first indent of the 
second subparagraph  of paragraph  1 of this Article, 
the rules concerning  the representative  samples provided  for in 
the second indent of the second subparagraph of paragraph  1 of 
this Article. 

Member States shall ban the holding and handling of the organism. 

Article 8 

Article 9 

Without prejudice to the provisions  of Directive 77/93/EEC, Member  States 
may authorize derogations  from the measures  referred  to in Articles  6 and 8 
of this Directive in accordance with the provisions  laid down in Directive 
95/44/EC for trial or scientific purposes, and for work on varietal 
selections6. 

Member States may adopt such additional or stricter measures as may be 
required  to combat the organism or to prevent it from spreading, in so far 
as they are in compliance with the provisions  of Directive 77/93/EEC. 

Article 10 

The additional measures mentioned  in the first subparagraph may include the 
prescription that only seed potatoes or tomatoes may be planted that are 
either officially  certified or officially  inspected  to meet  the required 
plant health standards. The latter may apply  in particular  in cases where 
farmers are authorized to use, on their own holding,  seed potatoes or 
tomatoes which they have obtained  from their own harvest and in other  cases 
where own-produced  seed potatoes  or tomatoes  are planted. 

The details of these measures  shall be notified  to the other Member  States 
and to the Commission. The details of this notification  shall be 
confidential. They may be submitted  to the Committee. 

OJ No L 184, 03.08.1995, p. 34 

-  11 -

Article 11 

Amendments to the Annexes to this Directive, to be made in the light of 
developments  in scientific or technical knowledge, shall be adopted in 
accordance with the procedure laid down in Article  16a of Directive 
77/93/EEC. In the case of measures  laid down in Annex  II and paragraphs  4.1 
and 4.2  of Annex VI to this Directive a report shall be prepared by the 
Commission reviewing these measures  in the light of experience gained and 
the report shall be submitted to the Committee before  1 January  2002. 

Article 12 

1.  Member States shall bring into force the laws, regulations and 

administrative provisions necessary to comply with this Directive with 
effect  from 1 July 1997. They shall forthwith inform the Commission 
thereof. 

When Member States adopt these measures, they shall contain a 
reference to this Directive or shall be accompanied by such  reference 
on the occasion of their official publication. The procedure  for such 
a reference shall be adopted by Member States. 

2.  The Member States shall immediately  communicate  to the Commission the 

essential provisions of domestic law which they adopt in the field 
governed by this Directive. The Commission shall inform the other 
Member  States thereof. 

This Directive shall enter into force on the day following that of its 
publication in the Official Journal of the European  Communities. 

Article 13 

This Directive is addressed to the Member  States. 

Article 14 

Dome at Brussels, 

For the Council, 

-  12 -

Annex I 

Section I: List of host plants of Pseudomonas  solanacearum  (Smith) Smith 
referred to in Article 1: 

Plants  (including  tubers), other than true seed, of Solanum 
tuberosum L. 
Plants, other than seeds, of Lycopersicon  lycopersicum 
(L.) Karsten ex Farw. 

Potato 

Tomato 

Section II: Surveys 
1.  The official surveys referred  to in Article 2(2)(a) shall be based on 

the biology of the organism and the particular production  systems in 
the Member State concerned and shall comprise: 
(i) 

in the case of potato, 

visual inspection of the growing  crop at appropriate times, 
and/or  sampling  of both seed and other potatoes  shall be 
taken either,in the growing  season  from, wherever possible, 
wetter areas of the field or  from lots in store. These 
samples shall be subjected  to official or officially 
supervised visual inspection by cutting of tubers, 

in the case of seed potatoes and where appropriate, for 
other potatoes, further sampling  for official or officially 
supervised  laboratory  testing using the method set out in 
Annex  II for the diagnosis, detection and identification of 
the organism, 

and 

(ii)  in the case of tomato, 

visual inspection  of the growing  crop at appropriate times, 
and, 
in the case of tomato crops grown  for seed production and 
where appropriate  for other tomato crops, sampling  for 
official  or officially  supervised  laboratory  testing, using 
the method  set out in Annex  II for the diagnosis, detection 
and identification of  the organism. 

2.  The notification  of the official  surveys  referred  to in Article 2(3) 

-  13 -

shall include: 
(i) 

in the case of surveys on potatoes, 
- 

estimated  total area grown, in hectares, of seed and other 
potatoes, 
stratification by seed category and ware, and where 
appropriate, by region, 
number and timing of samples taken  for testing, 
number of visual inspections  in the field, 
number  (and size of sample) of visual inspections  on tubers 

(ii)  in the case of surveys on tomatoes, 

estimated total area grown, in hectares, of outdoor  crops 
and of crops grown under protection, 
stratification by seed and  fruit production  and, where 
appropriate, region 
number and timing of samples taken  for testing, 
number of visual inspections  in the field, 
number  (and size of sample) of visual  inspections 

(iii)  in the case of surveys on host plants other  than potatoes and 

tomatoes, 
- 

species 
number of samples taken 
area/river  sampled, as appropriate 
method of analysis 

(iv)  in the case of surveys on water, 
number  of samples 
area/river  sampled 
method  of analysis 

-  14 -

Annex II 

The method  for the listed plant material  referred  to in Articles  4 and b 
shall be in accordance with Commission Decision  97/../EC detailing an 
interim test scheme for the diagnosis, detection and identification of 
Pseudomonas  solanacearum  (Smith) Smith  (not yet adopted by the Commission; 

-  15 -

Annex III 

1.  For each suspected occurrence  for which a positive  result in the 

screening test(s) has been identified according  to, for the listed 
plant material, the relevant method set out in Annex  II or, in all 
other cases, any other officially approved method, and confirmation or 
refutation by completion of the said method is awaited, there should 
be retention and appropriate  conservation of: 

the lot  (from which the sample has been taken) in its original 
packaging with label, wherever possible 
the remaining part of the samples, wherever possible, 
any remaining extract and additional prepared material  for the 
screening test(s) e.g. immunofluorescence slides, 
and, 
all relevant documentation, 
until the completion of the said method. 

2.  In the case of confirmation of the organism, there should be retention 

and appropriate  conservation of: 

the material specified in paragraph  1, and 
a sample of the infected tomato or eggplant material  inoculated 
with the tuber or plant extract, where appropriate, and 
the isolated culture of the organism, 

until at least one month after the notification procedure under 
Article 5(2). 

-  16 -

Annex IV 

The elements to be considered in the investigation  referred to in 
Article 5(1)(a)(i) shall include: 
(i)  places of production, 

growing or having grown, potatoes which are clonally related to 
potatoes  found to be infected with the organism, 
growing or having grown tomatoes which are from the same seed 
source as tomatoes  found to be infected with the organism, 
growing or having grown, potatoes or tomatoes which have been 
placed under official  control because of the suspected 
occurrence of the organism, 
growing or having grown, potatoes which are clonally  related to 
potatoes  that have been grown on places of production  suspected 
to be infested with the organism, 
growing potatoes or tomatoes and located  in the neighbourhood of 
infested places of production, including  such places of 
production  sharing production  equipment and  facilities directly 
or through a common contractor, 
using surface water  for irrigation or spraying  from any source 
confirmed or suspected to be infested with the organism. 
using surface water  for irrigation or spraying  from a source 
used in common with places of production  confirmed  or suspected 
to be infested with the organism. 

and, 
(ii) surface water used  for irrigation or spraying of field(s) or place(s) 
of production  confirmed  to be infested with the organism. 

-  17 -

Annex V 

1.  The elements  to be considered  in the determination  of the extent of 

probable contamination  under Article  5(1) (a) (iii), shall include: 

the listed plant material grown at a place of production 
designated as contaminated  under Article  5(1)(a)(ii), 
place(s) of production with a production link to the 
listed plant material designated as contaminated under 
Article  5(1) (a) (ii), including those sharing production 
equipment and facilities directly or through a common 
contractor, 
the listed plant material produced in the place(s) of production 
referred to in the previous  indent, or present in such place(s) 
of production during the period when the listed plant material 
designated  as contaminated  under Article  5(1)(a)(ii), was 
present on the places of production  referred  to in the first 
indent, 
central stores handling  the listed plant material  from the above 
places of production, 
any machinery, vehicle, vessel, store, or units thereof, and any 
other objects including packaging material, that may have come 
into contact with the listed plant material designated as 
contaminated  under Article  5(1)(a)(ii), 
any of the listed plant material  stored in, or in contact with, 
any of the structures or objects listed in the previous indent, 
prior to the cleansing and disinfection of such structures and 
objects, 
as a result of the investigation and testing under 
Article  5(1)(a)(i), in the case of potato, those tubers or 
plants with  the same clonal origin as, and in the case of 
tomato, those plants with the same seed source as, the listed 
plant material designated  to be contaminated under 
Article 5(1)(a)(ii) and for which investigations  indicate 
contamination  is probable, 

place(s) of production of the listed plant material using water 
for irrigation or spraying which has been designated as 
contaminated  under Article  5(1) (c) (ii) . 

- 18 -

2.  The determination  of the possible spread under Article  5(1)(a)(iv) and 

5(1)(c)(iii)  shall include: 
(i) 

in cases under Article  5(1)(a)(iv), a consideration  of the 
following elements, 

the proximity of other places of production growing the 
listed plant material, 
the commonality of seed potato stocks, 
places of production using  surface water  for irrigation or 
spraying of listed plant material in cases where there is 
or has been  risk of surface water  run-off  from place(s) of 
production designated  to be contaminated under Article 
5(1) (a) (ii) . 

(ii)  in cases where surface water has been designated as  contaminated 

under Article  5(1)(c)(ii): 

place(s) of production producing  listed plant material 
adjacent to the water designated as contaminated, 
any discrete irrigation basin associated with the water 
designated  as contaminated. 

3.  The details  of the notification  referred to in the first  subparagraph 

of Article  5(2) shall include: 

date of reporting  of suspected occurrence under Article  4 and 
sampling under Article  5, as appropriate, 
for any potato  consignment or lot designated  as contaminated, 
the certificates prescribed  in Articles  7 or 8 of Directive 
77/93/EEC, the passport number or registration  number of potato 
producers,  collective warehouses  and dispatching  centres, as 
appropriate, 
for any tomato plant consignment or lot designated as 
contaminated  the certificates prescribed  in Articles  7 or 8 of 
Directive  77/93/EEC and passport number, in accordance with the 
listing  in Annex V Part A Section  I 2.2  to Directive 77/93/EEC, 
the variety name and category  for seed potato stocks, and where 
possible  in all other cases, 
a description of the elements  of the designated  contamination 
and  zone demarcation, 
the address where the material is retained and conserved in 
accordance with paragraph  2 of Annex III. 

-  19 -

Annex VI 

1.  The destruction  referred to in Article  6(1), according  to the type of 

the listed plant material, shall be: 

incineration, or 
deep burial, in conformity with the provisions  laid down in 
Annex VII(i) first indent to this Directive, or 
industrial processing  through direct and immediate delivery to a 
processing plant with officially  approved waste disposal 
facilities which conform to the provisions  laid down in 
Annex VII to this Directive, or 
other measures, provided  that it has been established  that there 
is no identifiable  risk of the organism spreading; such measures 
to be notified  to the Commission and to the other Member States. 

2.  The appropriate use or disposal of the listed plant material  referred 
to in Article  6(2), under the control of the responsible  official 
bodies of the Member  State(s) concerned, with  appropriate 
communication between responsible official bodies  to ensure such 
control at all times, shall be: 
for potato tubers, 
(i) 

use as ware potatoes  intended  for consumption and packed at 
sites with appropriate waste disposal  facilities, ready for 
direct delivery and use without  repacking, and intended for 
such direct delivery and use  , or 
use as ware potatoes intended  for industrial processing, 
and intended  for direct and immediate delivery to a 
processing plant with appropriate waste disposal 
facilities, or 
some other use or disposal, provided  that it is established 
that there is no identifiable  risk of the organism 
spreading. 

(ii)  for tomato fruit, 

use of fruit  for industrial processing  and intended  for 
direct and immediate delivery to a processing plant with 
appropriate waste disposal  facilities, and disposal of 
plant debris including seed by appropriate means, or 

- 20 -

use of fruit  for consumption and packed at sites with 
appropriate waste disposal facilities, 

some other use or disposal, provided  that it is established 
that there is no identifiable  risk of the organism 
spreading, 

(iii)  for other plant parts, 

destruction, or 
some other use or disposal, provided that it is established 
that there is no identifiable  risk of the organism 
spreading; such measures  shall be notified  to the 
Commission and to other Member States. 

3.  The appropriate methods  for decontamination  of the objects  referred to 

in Article  6(3) shall be cleansing and, where appropriate, 
disinfection  such that there is no identifiable  risk of the organism 
spreading and shall be employed under the supervision of the 
responsible official bodies of the Member States. 

4.  The series of measures  to be implemented by Member  States within the 
demarcated  zone(s) established  under Article  5(1)(a)(iv) and  (c)(ii) 
and referred to in Article  6(4) shall include: 

4.1  In cases .inhere places of production have been designated as 

cojtxfc^roinated under Article 5(1) (a) (ii) : 
(a) 

in a field or unit of protected  crop production designated  to be 
contaminated under Article  5(1)(a)(ii), either 
(i)  -  during at least the four growing years  following the 

designated  contamination, 
= 

measures  shall be taken to eliminate  volunteer 
potato and tomato plants as well as other host 
plants of the organism including  solanaceous weeds, 
and 
no potato tubers or plants, or other host plants of 
the organism including tomato plants and seeds, or 
crops  for which there is an identified  risk of the 
organism surviving or spreading, shall be planted, 

= 

- 21 -

-  in the first potato or tomato cropping season  following 

= 

= 

the period  specified in the preceding indent, and on the 
condition that the field has been found  free from 
volunteer potato and tomato plants and other host plants 
including  solanaceous weeds  for at least the two 
consecutive growing years prior to planting, 
= 

an official survey including testing, as detailed 
in Article 2(1), shall be conducted, and 
in the case of potatoes, officially  certified seed 
potatoes shall be planted  for ware production only 
and, 
in the case of tomatoes, only tomato plants issued 
with a plant passport in accordance with Article 10 
of Directive 77/93/EEC, on the basis of the 
examination  carried out pursuant to Article  6 of 
that Directive  for compliance with the provisions 
laid down therein  (hereinafter  referred to as a 
"plant passport"), or tomato plants  raised from 
seed on the place of production and officially 
inspected  and found free from the organism shall be 
planted; 

in the potato or tomato cropping  season succeeding that 
referred  to in the previous  indent and  following an 
appropriate  rotation cycle, in the case of potatoes 
officially  certified  seed potatoes  shall be planted  for 
either seed or ware production  and in the case of 
potatoes  and tomatoes an official survey as detailed in 
Article 2(1), shall be conducted; 

or 

(ii)  -  during the five growing years  following  that of the 

designated  contamination, 

= 

= 

measures  shall be taken to eliminate  volunteer 
potato and tomato plants as well as other host 
plants of the organism including  solanaceous weeds, 
and 
the field shall be established  and maintained 
during the first three years either, in bare  fallow 
or, in cereals excluding maize or, in permanent 
pasture with  frequent close cutting or intensive 
grazing or, as grass  for seed production,  followed 
by planting in the succeeding  two years with non-
host plants of the organism  for which there is no 
identified  risk of the organism surviving or 
spreading, 

- 22 -

-  in the first potato or tomato cropping season  following 

the period specified in the preceding indent, 
= 

in the case of potatoes, officially  certified seed 
potatoes shall be planted  for either seed or ware 
production or, 
in the case of tomatoes, only tomato plants with an 
accompanying plant passport or plants raised from 
seed on the place of production and officially 
inspected and  found  free from the organism shall be 
planted, 

= 

and an official  survey, as detailed in Article 2(1), 
shall be conducted; 

(b) 

in other fields: 

in the growing year following the designated  contamination: 
=  either no potato tubers or plants, or other host plants 
of the organism shall be planted, and measures shall be 
taken to eliminate volunteer potato and tomato plants 
and other host plants including solanaceous weeds as 
appropriate, or 

=  in the case of potato tubers, officially  certified seed 

potatoes may be planted  for ware production only, or, in 
the case of tomatoes only tomato plants with an 
accompanying plant passport or plants  raised  from seed 
on the place of production and officially inspected and 
found free from the organism shall be planted, on the 
condition that the responsible official bodies are 
satisfied that the risks of volunteer potato and tomato 
plants and other host plants of the organism including 
solanaceous weeds, have been eliminated. The growing 
crop shall be inspected at appropriate times and 
volunteer potato plants shall be tested  for the 
organism; in addition, for potatoes, the harvested 
tubers shall be inspected, 

for the first growing year following that specified  in the 
first indent, 

=  \v> thfc i-a.se of potatoes, ouly officially  certified seed 

potatoes shall be planted  for either  seed or ware 

production or, 

-  23  -

=  in  the  case  of  tomatoes,  only  tomato  plants  with  an 

accompanying  plant  passport  or  tomato  plants  raised  from 

seed  on  the  place  of  production  and  officially  inspected 

and  found  free  from  the  organism  shall  be  planted, 

for  at  least  the  second  growing  year  following  that  in  the 

first  indent, 

=  in  the  case  of  potatoes,  only  officially  certified  seed 

potatoes  or  seed  potatoes  grown  under  official  control 

from  officially  certified  seed  potatoes  shall  be  planted 

for  either  seed  or  ware  production,  or, 

=  in  the  case  of  tomatoes,  only  tomato  plants  with  an 

accompanying  plant  passport  or  tomato  plants  raised  from 

seed  on  the place  of  production  and  officially  inspected 

and  found  free  from  the  organism,  shall  be  planted, 

in  each  of  the  growing  years  referred  to  in  the  previous 

indents  measures  shall  be  taken  to  eliminate  volunteer 

potato  and  tomato  plants  and  other  host  plants  of  the 

organism  including  solanaceous  weeds,  and  an  official 

survey  as  detailed  in Article  2 ( 1 ), shall  be  conducted,  and 

in  the  cases  where  seed  potatoes  are  planted  for  seed 

production  testing  of  tubers  shall  be  carried  out; 

(c) 

immediately  following  the  designation  of  contamination  under 

Article  5(1)(a)(ii)  and  in  each  of  the  subsequent  growing  years 

up  to  and  including  the  first  permissible  potato  or  tomato 

cropping  season  on  the  field(s)  designated  as  contaminated,  as 

detailed  in paragraph  (a): 

all machinery  and  storage  facilities  on  the place  of 

production  and  involved  in potato  or  tomato  production 

shall  be  cleansed  and,  where  appropriate,  disinfected 

using  appropriate  methods,  as  specified  in point  3; 

official  controls  on  irrigation  and  spraying  programmes, 

including  a ban  thereof,  shall  be  introduced  as  appropriate 

in  order  to  prevent  the  spread  of  the  organism; 

(d) 

in  a unit  of  protected  crop  production  designated  as 

contaminated  under  Article  5(1)(a)(ii)  where  complete 

replacement  of  the  growing  medium  is  possible, 

no  potato  tubers  or  plants,  or  other  host  plants  of  the 

organism  including  tomato  plants  and  seeds  shall  be  planted 

unless  the  said  unit  has  been  subjected  to  officially 

supervised  measures  to  eliminate  the  organism  and  to  remove 

all  host  plant  material,  including,  at  least,  a  complete 

change  in  growing  medium  and  cleansing  and,  where 

appropriate,  disinfection  of  the  said  unit  and  all 

equipment,  and  subsequently  has  been  granted  approval  for 

potato  or  tomato  production  by  the  responsible  official 

boda.es,  and 

- 24 -

for potato production, this production  shall be from 
officially  certified  seed potatoes, or from mini-tubers or 
micro-plants  derived  from tested  sources; for tomato 
production, this production  shall be from tomato plants 
with an accompanying  plant passport or from seed which 
shall be officially  inspected during  the growing  season for 
the presence of the organism. 
official  controls  on irrigation  and spraying programmes, 
including  a ban thereof, shall be introduced as 
appropriate, in order  to prevent  the spread of the 
organism. 

4.2  Within the demarcated  zone, without prejudice  to the measures  detailed 

under  4.1, the Member  States shall: 
(a) 

immediately,  and for at least three growing  years, after the 
designated  contamination: 
(aa)  in cases where the demarcated  zone has been determined 

under Article  5(1)(a)(iv), 
ensure supervision by their responsible official bodies of 
premises growing, storing or handling potato tubers or 
tomatoes, together with premises which operate machinery 
for potato or tomato production under contract, 
require cleansing and, where appropriate, disinfection of 
machinery  and stores on such premises, using  appropriate 
methods, as specified under point  3, 
require the planting  of only certified  seed or seed grown 
under official  control  for all potato crops within that 

zone, 
require the planting only of tomato plants with an 
accompanying plant passport or tomato plants  raised  from 
seed on the place of production  concerned and officially 
inspected and  found  free from the organism,  for all tomato 
crops within that zone, 
require the separate handling of harvested potato seed 
stocks to those of ware on all premises within the zone, 
conduct an official survey as detailed in Article 2(1), 

(ab) in cases where surface water has been designated as 
contaminated  under Article  5(1)(c)(ii) or included  in the 
elements  for the possible spread of the organism in accordance 
with Annex V point 2, 

conduct an annual survey at appropriate  times, including 
sampling of surface water and appropriate  solanaceous host 
plants in the relevant water sources  and testing in 
accordance with the methods  laid down in Annex II; 

, 
* 
I 
I 
: 
\ 

- 25 -

introduce official  controls on irrigation  and  spraying 
programmes, including  a ban on the use of the water 
designated  as contaminated  for the irrigation  and spraying 
of listed plant material, and, where appropriate, other 
host plants in order to prevent the spread of the organism. 
This ban may be reviewed on the basis of the results 
obtained in the said annual survey, 
in cases where liquid waste discharges  are  contaminated, 
introduce official  controls on the disposal  of waste  from 
industrial processing  or packaging premises handling  listed 
plant material. 

(b) 

establish a programme, where appropriate, for the replacement of 
all seed potato stocks over an appropriate period of time. 

4.3  The details of the notification referred  to in Article  6 paragraph 4 

shall include: 

the measures  implemented under points  4.1  and 4.2, 
the registration numbers of potato producers, collective 
warehouses  and dispatching  centres within the demarcated  zone 
and, where applicable, the registration numbers  of tomato 
producers within the demarcated zone. 

- 26 -

Annex VII 

The officially  approved waste disposal  facilities  referred to in Annex VI 
paragraph  1, third indent shall conform to the following provisions  such 
that the risk of spreading  the organism is obviated: 
(i) 

potato and tomato processing waste  (including  rejected potatoes 
and peelings and tomatoes) and any other solid waste associated 
with the potatoes  and tomatoes  shall be disposed by either, 
deep burial  at an officially  approved disposal site at 
which there is no risk of seepage to agricultural  land or 
contact with water  sources which  could be used for 
irrigation of agricultural  land. The waste shall be 
conveyed directly to the approved  site under  containment 
conditions  such that there is no risk of loss of the waste, 
or 

incineration; 

(ii) 

liquid processing waste: prior to disposal, liquid waste 
containing  suspended  solids shall be subjected  to filtration or 
settlement processes  to remove such solids. These solids shall 
be disposed  of as set out in subparagraph (i). 

The liquid waste shall then be either: 

subjected to anaerobic treatment  followed by aerobic 
digestion  such that there is no risk of survival of the 
organism, or 
heated to a minimum of 70'C during at least 30 minutes, 
prior to disposal, 
or 
discharged into tidal waters, 
or 
otherwise disposed of subject to official approval and 
under official  control such that there is no risk that the 
waste could come into contact with agricultural  land. The 
details  thereof  shall be notified  to the other Member 
States and to the Commission. 

****** 

-  2? 

-

ISSN 0254-1475 

COM(97) 15 final 

DOCUMENTS 

EN 

03  15 

Catalogue number  :  CB-CO-97-012-EN-C 

ISBN 92-78-15042-8 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg