2003/61/EC: Commission Decision of 27 January 2003 authorising certain Member States to provide for temporary derogations from certain provisions of Council Directive 2000/29/EC in respect of seed potatoes originating in certain provinces of Canada (notified under document number C(2003) 334)
Date: 2003-01-27
Institutions: European Commission
Subjects: Canada, Greece, Italy, Portugal, Spain, derogation from EU law, import, originating product, potato, seedling

28.1.2003

EN

Official Journal of the European Communities

L 23/31

COMMISSION DECISION

of 27 January 2003

authorising certain Member States to provide for temporary derogations from certain provisions
of Council Directive 2000/29/EC in respect of seed potatoes originating in certain provinces of
Canada

(notified under document number C(2003) 334)

(Only the Spanish, Greek, Italian and Portuguese texts are authentic)

(2003/61/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 2000/29/EC of 8 May 2000
on protective measures against
the introduction into the
Community of organisms harmful to plants or plant products
their spread within the Community (1), as last
and against
amended by Directive 2002/89/EC (2), and in particular Article
15(1) thereof,

Having regard to the requests made by Italy and Portugal,

Whereas:

(5)

(6)

(7)

The risk of establishing and spreading Clavibacter michiga-
nensis is higher in wet and cold regions than in dry and
warm regions. Consequently the authorisation to provide
for derogations from certain provisions of Directive
2000/29/EC should not apply to Member States which
are particularly exposed to such risks. Therefore, the
authorisation should only apply to Greece, Italy, Portugal
and Spain.

Such authorisation to provide for derogations should
apply for the next three seed-potato-marketing seasons,
without prejudice to Council Directive 2002/56/EC (4)
and to Council Directive 2002/53/EC (5).

The measures provided for in this Decision are in accor-
dance with the opinion of the Standing Committee on
Plant health,

(1)

(2)

(3)

(4)

Under Directive 2000/29/EC, seed potato tubers origi-
nating in the American continent may not, in principle,
be introduced into the Community. However, that Direc-
tive permits derogations from that rule, provided that it
is established that there is no risk of spreading harmful
organisms.

Since 1981, by a succession of decisions,
the most
recent being Commission Decision 1999/751/EC (3),
derogations from certain provisions of Directive 2000/
29/EC in respect of seed potatoes originating in Canada
have been authorised, for limited periods and subject to
specific conditions. The circumstances justifying those
derogations are still valid.

Canada is now completely free from potato spindle tuber
viroid but it is still not yet completely free from Clavi-
bacter michiganensis (Smith) Davis et al. ssp. sepedonicus
(Spieckermann et Kotthoff) Davis et al. (‘Clavibacter michi-
ganensis’).

Information supplied by Canada has shown that it has
further developed its programme to eradicate Clavibacter
michiganensis in the provinces of New Brunswick and
Prince Edward Island and it can reasonably be assumed
that the eradication programme is effective in certain
areas of those provinces. It can therefore be established
that there is no risk of Clavibacter michiganensis spreading,
provided that certain technical conditions are complied
with.

HAS ADOPTED THIS DECISION:

Article 1

Greece, Italy, Portugal and Spain are hereby authorised to

1.
provide for derogations from:

(a) Article 4(1) of Directive 2000/29/EC, with regard to the
prohibition referred to in point 10 of Part A of Annex III
to that Directive;

(b) Article 5(1) and the third indent of Article 13(1)(a), as
regards the special requirements referred to in points 25.2
and 25.3 of part A, section I of Annex IV to Directive
2000/29/EC.

The authorisation to provide for derogations referred to

2.
in paragraph 1 shall only apply:

(a) to seed potatoes of

‘Donna’,
‘Kennebec’, ‘Russet Burbank’, ‘Sebago’ and ‘Shepody’, origi-
nating in the provinces of New Brunswick and Prince
Edward Island in Canada (‘the seed potatoes’);

the varieties

‘Atlantic’,

(b) to seed potatoes that satisfy the conditions provided for in
Articles 2 to 13 in addition to the requirements laid down
in Annexes I, II and IV to Directive 2000/29/EC;

(c) for the potato-marketing-seasons from 1 February 2003 to
31 March 2003, from 1 December 2003 to 31 March
2004 and from 1 December 2004 to 31 March 2005.

(1) OJ L 169, 10.7.2000, p. 1.
(2) OJ L 355, 30.12.2002, p. 45.
(3) OJ L 299, 20.11.1999, p. 36.

(4) OJ L 193, 20.7.2002, p. 60.
(5) OJ L 193, 20.7.2002, p. 1.

L 23/32

EN

Official Journal of the European Communities

28.1.2003

Article 2

1.
In the provinces of Prince Edward Island or New Bruns-
wick, the seed potatoes shall have been produced in fields
located in an area that, irrespective of whether the fields are
operated by potato producers inside or outside that area, meets
the conditions set out in paragraphs 2 to 8.

The area shall have been officially declared by the Cana-
2.
dian Food Inspection Agency, to be free from both potato
spindle tuber viroid and from Clavibacter michiganensis (Smith)
Davis et al. ssp. sepedonicus (Spieckermann et Kotthoff) Davis et
al. (‘Clavibacter michiganensis’).

Prior to the introduction of the seed potatoes within the
8.
Community, the Canadian Food Inspection Agency shall have
provided the Commission with a complete list of the areas
declared as disease-free,
report,
updated each year, on the phytosanitary status of seed potato
production in the previous year.

supported by a technical

Article 3

The seed potatoes shall be certified officially by the relevant
Canadian authorities as seed potatoes meeting at
the
conditions laid down for the ‘Foundation’ category.

least

3.

The area shall either,

Article 4

(a) consist of fields owned or rented by at least three distinct

potato producers; or

Samples of at least 200 seed potato tubers per lot of 25
1.
tonnes or less shall be taken officially in respect of each lot
intended for export to the Community.

(b) cover

a surface of at

square kilometres,
least
surrounded entirely by water or by fields where the harmful
organisms referred to in paragraph 2 have not been found
within the previous three years.

four

All potatoes produced in the area shall be the first direct
4.
progeny of seed potatoes of the category ‘Pre-elite’,
‘Elite I’,
‘Elite II’, ‘Elite III’ or ‘Elite IV’ which were produced in establish-
ments qualified to produce seed potatoes of the ‘Pre-elite’ or
‘Elite I’ categories and which are either official establishments
or establishments officially designated and controlled for that
purpose;

The surface allocated for the production of seed potatoes
5.
that are not finally certified as seed potatoes shall not exceed
one-fifth of the total area allocated for certification.

Systematic and representative annual surveys shall have
6.
been carried out by the relevant official Canadian authorities
over at least the previous five years under appropriate condi-
tions for the detection of the harmful organisms referred to at
paragraph 2, on all potato fields located in the area and on
including appropriate laboratory
potatoes harvested there,
testing, and have not shown any positive finding, or any other
element which could militate against the declaration of the area
as disease-free.

Legislative, administrative or other arrangements shall

7.
have been made to ensure that:

(a) no potatoes from areas of Canada other than those declared
disease-free, or in countries where the harmful organisms
referred to in paragraph 2 are known to occur, can be
introduced into the area;

(b) neither potatoes originating in the area nor any containers,
packaging material, vehicles and handling, grading and
preparation equipment used in such areas can be brought
into contact with potatoes originating, or material or equip-
in areas other than those areas
ment as specified used,
declared disease-free.

A lot shall consist only of seed potato tubers of one single
2.
variety and class which have been produced on one single
establishment and with the same reference number.

3.
The samples shall be examined by official laboratories in
order to detect any presence of Clavibacter michiganensis. The
examinations shall be carried out on the entire sample, using
the method for the detection and diagnosis of the ring rot
bacterium in batches of seed potato tubers as laid down in
Council Directive 93/85/EEC (1).

Article 5

Seed potatoes intended to be exported to the Community shall
have been subject to legislative, administrative or other arrange-
ments to ensure:

(a) direct

supervision and control by the Canadian Food

Inspection Agency of:

(i) the sampling process, i.e. the collection, tagging and

sealing;

(ii) the labelling system through appropriate label account-
ability procedures, so that for each lot of seed potatoes
within each consignment shipped to the Community a
numbered label is used and stitched on the bags sepa-
rately from the certification labels;

(iii) the relevant colour code corresponding to a specified

importer in the importing Member State;

(b) that at the time of loading the vessel, two sealed bags of
seed potatoes of each lot shipped to the Community are
kept aside and stored under the supervision and control of
the Canadian Food Inspection Agency, at least until the
results of the examinations referred to in Article 10 are
completed;

(c) that the lots are kept separate in all operations including
transport, at least until delivery to the premises of the
importers referred to in Article 7.

(1) OJ L 259, 18.10.1993, p. 1.

28.1.2003

EN

Official Journal of the European Communities

L 23/33

Article 6

Article 8

1.
The phytosanitary certificate required shall be made out
separately for each consignment and only if it has been estab-
lished by the scientists involved that the examinations referred
to in Article 4 did not give rise to suspicions or to the detec-
tion of the presence of Clavibacter michiganensis in the consign-
ment and that, in particular, the IF-testing was shown to be
negative.

The phytosanitary certificate shall contain the following

2.
information under ‘Additional declaration’:

(a) confirmation of compliance with the conditions laid down

in Articles 2, 3 and 4;

(b) the name of the establishment or establishments that have

produced the lots of seed potato;

(c) the relevant seed potato certification lot numbers;

(d) the name of the area referred to in Article 2;

(e) the name of the establishment referred to in Article 2(4);

and

(f) the number of bags.

3.
The phytosanitary certificate shall mention, under ‘Distin-
guishing marks’, the colour code corresponding to a specified
importer in the importing Member State, as well as the details
of the numbered label used for each lot of seed potatoes within
each consignment.

4.
Documents attached to the phytosanitary certificate, as an
integral part of the certificate, shall relate precisely to that certi-
ficate in both description and quantity of the seed potatoes.

Article 7

1.
Prior to introduction into the Community, the importer
shall provide advance notification of each introduction of a
consignment sufficiently in advance to the responsible official
bodies in the Member State concerned as referred to in Article
2(1)(g) of Directive 2000/29/EC, giving details of the following:

(a) the variety of the seed potatoes;

(b) the quantity;

(c) the declared date of import;

(d) the names and addresses of the premises of the importers
of the seed potatoes, and those listed in accordance with
the provisions of Article 1 of Commission Directive 93/50/
EEC (1).

The Member State concerned shall, without delay, convey those
details and any subsequent modifications
thereto to the
Commission.

At the time of introduction, the importer shall provide
2.
confirmation of the details contained in the advance notifica-
tion referred to in paragraph 1 to the responsible official bodies
in the Member State concerned.

(1) OJ L 205, 17.8.1993, p. 22.

The seed potatoes may only be introduced into the Community
via the following ports:

(a) Aveiro;

(b) Lisbon;

(c) Porto;

(d) Genoa;

(e) La Spezia;

(f) Livorno;

(g) Naples;

(h) Ravenna;

(i) Salerno;

(j) Savona.

Article 9

The inspections required pursuant to the third paragraph of
Article 13(8) of Directive 2000/29/EC shall be made by respon-
sible official bodies.

Without prejudice to the monitoring referred to in the second
indent of Article 21(3) of Directive 2000/29/EC, the Commis-
sion shall determine to which extent the inspections referred to
in the second indent of Article 21(3), of that Directive shall be
integrated into the inspection programme in accordance with
the fifth subparagraph of Article 21(5) of that Directive.

The responsible official bodies and, as appropriate, the experts
referred to in Article 21(3) of Directive 2000/29/EC shall check
the importers premises to confirm details of the quantities of
seed potatoes imported from Canada, the colour coding, the
numbered labels and the destinations for planting at premises
listed under Article 1 of Directive 93/50/EEC.

Article 10

1.
The responsible official bodies of the importing Member
States shall take a sample of at least 200 tubers per lot of 25
tonnes or less from each of the non-bulk lots of seed potatoes
intended to be imported pursuant to this Decision for official
examination in respect of Clavibacter michiganensis in accordance
with the method for the detection and diagnosis of Clavibacter
michiganensis as laid down in Council Directive 93/85/EEC.

2.
The lots of seed potatoes shall remain separate under offi-
cial control and may not be marketed or used until it has been
established that the presence of Clavibacter michiganensis was not
suspected or detected in the examinations referred to in para-
graph 1. The total lots imported shall not exceed an amount
which is adequate for the examinations, taking into account the
facilities available for that purpose.

3.
The samples referred to in paragraph 1 shall be kept
available for subsequent examination by other Member States.
The responsible official bodies of the importing Member State
shall by 15 April 2003, by 15 April 2004 and by 15 April
2005 inform the Commission, with a view to organising that
examination and the recording thereof.

L 23/34

EN

Official Journal of the European Communities

28.1.2003

Article 11

The seed potatoes shall be planted only at premises within the
Member State of import, for which it is possible to trace the
names and addresses thereof. However, this restriction shall not
apply in the case of final users planting the imported seed pota-
toes or for users who sell only onto the local market.

For those premises, the potatoes grown from such seed pota-
toes shall be packaged and labelled accordingly and shall bear
the number of the premises listed in accordance with Directive
93/50/EEC, as well as the Canadian origin of the seed potatoes
used. Such potatoes may be moved within the Member States,
only after approval by the responsible official bodies taking
into account the results of the inspection referred to in Article
12.

Article 12

In the growing period following introduction, a suitable
proportion of the plants shall be inspected by the responsible
official bodies, at appropriate times, at the premises listed in
accordance with the provisions of Directive 93/50/EEC or the
premises referred to in Article 11.

Article 13

Potatoes grown from seed potatoes introduced pursuant to this
Decision:

(a) shall not be certified as seed potatoes; and

(b) shall only be used as potatoes for consumption.

Article 14

inform the other
The Member States of
Member States and the Commission by means of the advance
notification as referred to in Article 7 of any use of the authori-
sation to provide derogations pursuant to this Decision.

importation shall

The Member States of importation shall provide the Commis-
sion and the other Member States, before 1 June 2003, 1 June
2004 and 1 June 2005, with information on the amounts (lots

of seed potatoes/consignments) imported pursuant to this Deci-
sion and with a detailed technical report on the official exami-
nation referred to in Article 10.

In those cases where Member States have made official exami-
nations on the samples as referred to in Article 10, the detailed
technical reports of such examinations shall be submitted to
the other Member States and Commission before 1 June 2003,
1 June 2004 and 1 June 2005.

Copies of each phytosanitary certificate shall be transmitted to
the Commission.

Article 15

The authorisation to provide for derogations referred to Article
1 shall be revoked prior to 31 March 2005 if:

(a) the provisions laid down in Articles 2 to 13:

(i) are shown to be insufficient to prevent the introduction
into the Community of Clavibacter michiganensis, or

(ii) have not been complied with;

(b) there are elements which would militate against the proper

functioning of the ‘disease-free’ concept in Canada.

Article 16

the
This Decision is addressed to the Hellenic Republic,
Kingdom of Spain, the Italian Republic and the Portuguese
Republic.

Done at Brussels, 27 January 2003.

For the Commission

David BYRNE

Member of the Commission