98/81/EC: Commission Decision of 14 January 1998 authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of potatoes, other than potatoes intended for planting, originating in New Zealand
Date: 1998-01-14
Institutions: European Commission
Subjects: New Zealand, derogation from EU law, import, import licence, plant health control, potato

20. 1. 98

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EN

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Official Journal of the European Communities

L 14/29

COMMISSION DECISION

of 14 January 1998

authorising the Member States to provide for derogations from certain
provisions of Council Directive 77/93/EEC in respect of potatoes, other than
potatoes intended for planting, originating in New Zealand

(98/81/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 intro-
duction into the Community of organisms harmful to
plants or plant products and against their spread within
the Community (1),
amended by Directive
last
97/14/EC (2), and in particular Article 14(1) thereof,

as

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:

Having regard to the request made by the United
Kingdom,

Article 1

Whereas, pursuant
to the provisions of Directive
77/93/EEC, potatoes, other than potatoes intended for
planting originating in New Zealand may in principle not
be introduced into the Community because of the risk of
introducing potato diseases unknown in the Community;

1.
The Member States are hereby authorised to provide,
under the conditions laid down in paragraph 2, for excep-
tions from Article 4(1) of Directive 77/93/EEC, with
regard to the prohibitions referred to in Part A, point 12
of Annex III thereto for potatoes, other than potatoes
intended for planting originating in New Zealand.

Whereas,
information supplied by New Zealand has
shown that there are good reasons to believe that potatoes
can be grown under adequate health conditions in New
Zealand and that, at present, there are no sources for the
introduction of exotic potato diseases; whereas moreover,
New Zealand has implemented adequate health and
quality standards in its potato production;

Whereas, in relation to the requirements laid down in
point 25.2 of Annex IV, part A, section I to Directive
77/93/EEC and on the basis of information provided by
New Zealand, and of
international scientific technical
literature, it is apparent that New Zealand is known to be
free from Clavibacter michiganensis ssp. sepedonicus;

Whereas the United Kingdom has stated that the im-
portation of potatoes, other than potatoes intended for
planting originating in New Zealand, would be restricted
to a limited period;

Whereas the Commission will ensure that New Zealand
makes available all
information necessary to
assess the phytosanitary status of the production of pota-
toes in New Zealand;

technical

(1) OJ L 26, 31. 1. 1977, p. 20.
(2) OJ L 87, 2. 4. 1997, p. 17.

In addition to the requirements

laid down in
2.
Annexes I and II to Directive 77/93/EEC in relation to
potatoes the following specific conditions shall be satis-
fied:

(a)

the potatoes shall be other than potatoes intended for
planting;

(b)

they shall have been grown in New Zealand directly
from seed potatoes certified in the New Zealand seed
potato certification scheme or from seed potatoes
certified in one of the Member States and imported
into New Zealand exclusively from the Member
States, or from seed potatoes certified in any other
country for which the entry into the Community of
potatoes intended for planting is permitted pursuant
to Directive 77/93/EEC;

(c)

they shall have been treated for the suppression of
their faculty of germination except for early potatoes;

(d)

they shall have been grown in areas known to be free
from Synchytrium endobioticum (Schilbersky)
Percival, and no symptoms of Synchytrium endobio-
ticum (Schilbersky) Percival shall have been observed
either at the place of production or in its immediate
vicinity since the beginning of an adequate period;

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Official Journal of the European Communities

20. 1. 98

(e) — they shall have been grown in areas where Pseu-
solanacearum (Smith) Smith is not

domonas
known to occur,

delay convey the details of the notification to the
Commission, indicating:

— they shall have been found free,

in growing
season inspections and tuber inspections, from all
growth stages of Graphognathus
leucoloma
(Boheman), and, in addition, in tuber inspections
found free from all
signs of Graphognathus
leucoloma (Boheman),

— they shall have been found free,

as

from the

appropriate,

in growing
season inspections and tests on soil or crop
samples,
following
harmful organisms: Globodera pallida (Stone)
Behrens, Globodera rostochiensis (Wollenweber)
solanacearum (Smith)
Behrens, Pseudomonas
Smith and Synchytrium endobioticum (Schil-
bersky) Percival. The results of these inspections
and tests shall be kept available to the Commis-
sion, on its request;

(f)

(g)

they shall have been handled by machinery which is
reserved for them or which has been disinfected in an
appropriate manner after each use for other purposes;

they shall be packed either in new bags or in con-
tainers which have been disinfected in an appropriate
manner; and an official label shall be applied to each
bag or container, bearing the information specified in
the Annex;

(h) prior to export the potatoes shall have been cleaned

free from soil, leaves and other plant debris;

(i)

the potatoes intended for the Community shall be
accompanied by a phytosanitary certificate issued in
New Zealand in accordance with Article 7 of
Directive 77/93/EEC, on the basis of the examination
laid down therein,
in particular freedom from the
harmful organisms mentioned in points (d) and (e).

The certificate shall state under ‘Additional declara-
tion’,
the indication ‘This consignment meets the
conditions laid down in Decision 98/81/EC’;

(j)

the potatoes shall be introduced through points of
entry situated within the territory of a Member State
making use of this derogation, and designated for the
purpose of this derogation by that Member State;

(k) prior

to introduction into the Community,
the
importer shall be officially informed of the condi-
tions laid down in points (a) to (k); the said importer
shall notify each introduction sufficiently in advance
to the responsible official bodies in the Member State
of introduction and that Member State shall without

— the type of material,

— the quantity,

— the declared date of introduction and confirma-

tion of the point of entry.

At the time of import the importer shall provide the
confirmation of
the aforementioned
advance notification;

the details of

(l)

the inspections required pursuant to Article 12 of
Directive 77/93/EEC shall be made by the respon-
sible official bodies referred to in the said Directive.
Without prejudice to the monitoring referred to in
the
Article 19a(3) second indent,
first possibility,
the
Commission shall determine to which extent
second
inspections
indent, second possibility of the said Directive shall
be integrated into the inspection programme in
accordance with Article 19a(5)(c) of that Directive;

referred to in Article 19a(3)

(m) Member States making use of this derogation shall,
where appropriate, in cooperation with the Member
States of introduction ensure that at least two samples
of 200 tubers shall be drawn from each consignment
of 50 tonnes or part thereof, of imported potatoes
pursuant to this Decision, for official examination in
respect of Pseudomonas solanacearum in accordance
with the Community interim test scheme for the
diagnosis, detection and identification of pseudo-
monas solanacearum, and in the case of Clavibacter
michiganensis ssp. sepedonicus,
in accordance with
the Community established method for the detection
and diagnosis of Clavibacter michiganensis ssp. sepe-
donicus; in the case of suspicion the lots shall remain
separate under official control and may not be
marketed or used until it has been established that
the presence of Pseudomonas
solanacearum or
Clavibacter michiganensis ssp. sepedonicus was not
suspected or detected in those examinations.

Article 2

Member States shall inform the other Member States and
the Commission by means of the notification referred to
in Article 1(2)(k) first sentence of any use made of the
authorisation. They shall provide the Commission and the
other Member States, before 1 July 1998, with the infor-
mation on amounts imported pursuant to this Decision
and with a detailed technical report of the official exam-
ination referred to in Article 1(2)(l); copies of each
phytosanitary certificate shall be transmitted to the
Commission.

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L 14/31

Article 3

Article 4

The authorisation granted in Article 1 shall apply in

1.
the period between 15 January 1998 to 30 April 1998.

2.
The authorisation shall be revoked if it is established
that the conditions laid down in Article 1(2) have been
insufficient to prevent the introduction of harmful or-
ganisms or have not been complied with.

This Decision is addressed to the Member States.

Done at Brussels, 14 January 1998.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX

Information required on the label

(referred to in Article 1(2)(g))

1. Name of the authority issuing the label

2. Name of the exporters’ organisation, if available

3. Indication ‘New Zealand potatoes other than potatoes intended for planting’

4. Variety

5. Place of production

6. Size

7. Declared net weight

8. Indication ‘In accordance with EC requirements 1998’

9. A mark printed or stamped on behalf of the New Zealand plant protection administration

10. A distinguishable mark of the lot such as a code, a mark, or any other external feature easily readable