2000/193/EC: Commission Decision of 18 February 2000 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 (notified under document number C(2000) 400)
Date: 2000-02-18
Institutions: European Commission
Subjects: New Zealand, derogation from EU law, import restriction, marketing standard, plant health control, potato

L 60/26

EN

Official Journal of the European Communities

7.3.2000

COMMISSION DECISION

of 18 February 2000

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

(notified under document number C(2000) 400)

(2000/193/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 introduction into the
Community of organisms harmful to plants or plant products
and against their spread within the Community (1), as amended
by Commission Directive 1999/53/EC (2), and in particular
Article 14(1) thereof,

(6)

(7)

Having regard to the request made by the United Kingdom,

within New Zealand by means of examination and
testing of representative samples by scientifically recog-
nised methods
solanacearum (Smith)
Yabuuchi et al., as well as the results of the said exam-
ination and testing.

for Ralstonia

The circumstances
obtain.

justifying the authorisation still

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
on Plant Health,

Whereas:

Under 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
introducing
the Community because of
potato diseases unknown in the Community.

the risk of

HAS ADOPTED THIS DECISION:

Article 1

By Decisions 98/81/EC (3) and 1999/209/EC (4)
the
Commission authorised Member States to provide for
derogations in respect of potatoes, other than potatoes
intended for planting, originating in New Zealand, under
specified conditions in the 1998 and 1999 seasons
respectively.

1.
The Member States are hereby authorised to provide,
under the conditions laid down in paragraph 2, for exceptions
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, origin-
ating in New Zealand.

There were no confirmed findings of diseases and pests
on samples drawn from potatoes imported pursuant to
Decisions 1999/209/EC and whereas due to technical
reasons there were no imports made under Decision
98/81/EC.

In relation to the requirements laid down in point 25.2
of Annex IV, part A, section I to Directive 77/93/EEC
information provided by New
and on the basis of
Zealand, and international scientific technical literature,
New Zealand is known to be free from Clavibacter michi-
ganensis (Smith) Davis et al. ssp. sepedonicus (Spiecker-
mann & Kotthoff) Davis et al.

It is expected that New Zealand make available all tech-
nical information necessary to assess in the future, the
phytosanitary status of potato production in New
Zealand, in particular details on the regular monitoring
of seed and ware potatoes imported into, and marketed

(1) OJ L 26, 31.1.1977, p. 20.
(2) OJ L 142, 5.6.1999, p. 29.
(3) OJ L 14, 20.1.1998, p. 29.
(4) OJ L 72, 18.3.1999, p. 37.

In addition to the requirements laid down in Annexes I
to Directive 77/93/EEC in relation to potatoes the

2.
and II
following specific conditions shall be satisfied:

(a) the potatoes shall not be 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 endobioticum (Schilbersky)
Percival shall have been observed either at the place of
production or in its immediate vicinity since the beginning
of an adequate period;

(1)

(2)

(3)

(4)

(5)

7.3.2000

EN

Official Journal of the European Communities

L 60/27

(e) — they shall have been grown in areas where Ralstonia
solanacearum (Smith) Yabuuchi et al. is known not to
occur, and

— 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), and

— they shall have been found free,

in growing-season
inspections and tests on soil or crop samples, as appro-
priate, from the following harmful organisms: Globo-
dera pallida (Stone) Behrens, Globodera rostochiensis
(Wollenweber) Behrens, Ralstonia solanacearum (Smith)
Yabuuchi et al. and Synchytrium endobioticum (Schil-
bersky) Percival. The results of these inspections and
tests shall be made available to the Commission, at its
request;

(f) 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;

(g) they shall be packed either in new bags or in containers
which have been disinfected in an appropriate manner; 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
leaves and other plant debris;

from soil,

(i) the potatoes intended for the Community shall be accom-
panied by a phytosanitary certificate issued in New
Zealand in accordance with Articles 7 and 12 of Directive
77/93/EEC, on the basis of the examination laid down
therein, in particular certifying freedom from the harmful
organisms mentioned in paragraphs (d) and (e). The certifi-
cate shall
‘This
consignment meets the conditions laid down in Decision
2000/193/EC’;

‘Additional declaration’,

state, under

(j) the potatoes shall be introduced through points of entry
situated within the territory of a Member State and desig-
nated for the purpose of this derogation by that Member
State; these points of entry and the name and address of
the responsible official body referred to in Directive 77/
93/EEC in charge of each point shall be notified suffi-
ciently in advance by the Member States to the Commis-
to other
sion and shall be held available on request
Member States. In those cases where the introduction into
the Community takes place in a Member State other than
the Member State making use of this derogation, the said
responsible official bodies of the Member State of intro-
duction shall inform and cooperate with the said respon-
sible official bodies of the Member States making use of
this derogation to ensure that
this
Decision are complied with;

the provisions of

(k) prior to introduction into the Community, the importer
shall be officially informed of the conditions laid down in
(a) to (n); the said importer shall notify details of each
introduction sufficiently in advance to the responsible offi-
cial bodies in the Member State of introduction and that

Member State, without delay, shall convey the details of
the notification to the Commission,

indicating:

— the type of material,

— the quantity,

— the declared date of introduction and confirmation of

the point of entry.

The importer shall provide details of any changes to the
aforementioned advance notification,
to the responsible
official bodies of their own Member State, preferably as
soon as they are known and in any case prior to the time
of import, and that Member State, without delay, shall
convey the details of the changes to the Commission;

(l) the inspections including testing, as appropriate, required
pursuant to Article 12 of Directive 77/93/EEC and in
accordance with provisions laid down in the present
Decision shall be made by the responsible official bodies,
referred to in the said Directive; of these inspections, the
plant health checks shall be carried out by the Member
State(s) making use of this derogation. Furthermore during
the said plant health checks that (those) Member State(s)
shall also inspect for all other harmful organisms. Without
prejudice to the monitoring referred to in Article 19a(3)
second indent, first possibility of the said Directive, the
Commission shall determine to which extent the inspec-
tions referred to in Article 19a(3) second indent, second
possibility of the said Directive shall be integrated into the
inspection programme
in accordance with Article
19a(5)(c) of that Directive;

(m) the potatoes shall be packed and repacked only at prem-
ises which have been authorised and registered by the said
responsible official bodies;

(n) the potatoes

shall be packed or

repacked in closed
packages that are ready for direct delivery to retailers or to
final consumers, and that do not exceed a weight common
in the Member State of introduction for that purpose, up
to a maximum of 25 kg; the packaging shall bear the
number of the registered premises referred to in paragraph
(m), as well as the New Zealand origin;

least

(o) Member States making use of this derogation shall, where
in cooperation with the Member State of
appropriate,
introduction ensure that at
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
Ralstonia solanacearum (Smith) Yabuuchi et al. and Clavi-
bacter michiganensis (Smith) Davis et al. ssp. sepedonicus
(Spieckermann and Kotthoff) Davis et al., in accordance
with the Community established methods for the detection
and diagnosis of Ralstonia solanacearum (Smith) Yabuuchi et
al. and Clavibacter michiganensis (Smith) Davis et al. ssp.
sepedonicus (Spieckermann and Kotthoff) Davis et al.; 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 Clavibacter michi-
ganensis (Smith) Davis et al. ssp. sepedonicus (Spieckermann
and Kotthoff) Davis et al. or Ralstonia solanacearum (Smith)
Yabuuchi et al. was not confirmed in those examinations.

L 60/28

EN

Official Journal of the European Communities

7.3.2000

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) of any use made of
the authorisation. They shall
provide the Commission and the other Member States, before 1
November 2000, with the information on amounts imported
pursuant to this Decision and with a detailed technical report
of the official examination referred to in Article 1(2)(o); copies
of each phytosanitary certificate shall be transmitted to the
Commission.

Article 3

Article 1 shall apply during the period between 1 March

1.
and 31 August 2000.

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

This Decision is addressed to the Member States.

Article 4

Done at Brussels, 18 February 2000.

For the Commission

David BYRNE

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. Statement ‘New Zeeland potatoes, not intended for planting’.

4. Variety.

5. Place of production.

6. Size.

7. Declared net weight.

8. Indication ‘In accordance with EC conditions laid down in Decision 2000/193/EC’.

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

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