2004/3/EC: Commission Decision of 19 December 2003 authorising, in respect of the marketing of seed potatoes in all or part of the territory of certain Member States, more stringent measures against certain diseases than are provided for in Annexes I and II to Council Directive 2002/56/EC (Text with EEA relevance) (notified under document number C(2003) 4833)
Date: 2003-12-19
Institutions: European Commission
Subjects: health control, health legislation, marketing, potato, seedling

6.1.2004

EN

Official Journal of the European Union

L 2/47

COMMISSION DECISION

of 19 December 2003

authorising, in respect of the marketing of seed potatoes in all or part of the territory of certain
Member States, more stringent measures against certain diseases than are provided for in Annexes
I and II to Council Directive 2002/56/EC

(notified under document number C(2003) 4833)

(Text with EEA relevance)

(2004/3/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 2002/56/EC of 13 June
2002 on the marketing of seed potatoes (1), as last amended by
Directive 2003/61/EC (2), and in particular Article 17(2)
thereof,

Having regard to the requests made by Germany,
Portugal, Finland and the United Kingdom,

Ireland,

Whereas:

(1)

(2)

(3)

(4)

Commission Decision 93/231/EEC of 30 March 1993
authorising, in respect of the marketing of seed potatoes
in all or part of the territory of certain Member States,
more stringent measures against certain diseases than are
provided for in Annexes I and II to Council Directive
66/403/EEC (3) has been substantially amended several
times (4). In the interests of clarity and rationality the
said Decision should be codified.

Directive 2002/56/EC laid down tolerances in respect of
certain harmful organisms.

Directive 2002/56/EC still permits Member States to
subject seed potatoes of their home production to condi-
tions which are more rigorous.

Ireland for all its territory, Germany, Finland, and the
United Kingdom in respect of certain parts of their terri-
tories and Portugal
in relation to areas in the Azores
above 300 metres in altitude, wish to avail themselves of
the provisions of Directive 2002/56/EC in respect of
certain organisms which appear particularly harmful to
potato crops in those regions.

(5)

(6)

(7)

(8)

(9)

The Commission, by its Directive 93/17/EEC (5), has
determined Community grades of basic seed potatoes,
together with the conditions and the designations applic-
able to such grades. The seed potatoes belonging to such
grades should be considered suitable for marketing in
to be authorised
the territories of Member States
pursuant to Article 17(2) of Directive 2002/56/EC.

From a comparison of the measures taken in Ireland, for
all of its territory, in Germany, Finland, and the United
Kingdom, for certain parts of their territories, and in
Portugal in relation to areas in the Azores above 300
metres in altitude in respect of their home production of
seed potatoes and the Community EC grades of basic
seed potatoes, it can be assumed that:

— ‘EC grade 1’ satisfies more stringent conditions,

— ‘EC grade 2’

is equivalent

to home production

intended for seed potatoes, and

— ‘EC grade 3’

is equivalent

to home production

intended for potato production.

Ireland, for all its territory, Germany, Finland and, the
United Kingdom, for certain parts of their territories,
and Portugal in relation to areas in the Azores above
300 metres in altitude, should therefore be authorised to
restrict
the marketing of seed potatoes only to the
Community's basic potato grades established by Direc-
tive 93/17/EEC.

Such authorisation is in accordance with Member States'
obligations under the common rules on plant health laid
down by 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 and against
their spread within the Com-
munity (6), as last amended by Commission Directive
2003/47/EC (7).

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
on Seeds and Propagating Material
for Agriculture,
Horticulture and Forestry,

(1) OJ L 193, 20.7.2002, p. 60.
(2) OJ L 165, 3.7.2003, p. 23.
(3) OJ L 106, 30.4.1993, p. 11.
(4) See Annex II.

(5) OJ L 106, 30.4.1993, p. 7.
(6) OJ L 169, 10.7.2000, p. 1.
(7) OJ L 138, 5.6.2003, p. 47.

L 2/48

EN

Official Journal of the European Union

6.1.2004

HAS ADOPTED THIS DECISION:

Article 3

Article 1

The Member States listed in column 1 of Annex I are hereby
authorised, in respect of the marketing of seed potatoes in the
regions listed against their names in column 2 of Annex I, to
restrict the marketing of seed potatoes to basic seed potatoes of
the following Community grades determined by Directive 93/
17/EEC:

(a) for seed potato production to ‘EC grade 1’, or ‘EC grade 2’;

(b) for potato production to ‘EC grade 1’, ‘EC grade 2’ or ‘EC

grade 3’.

The authorisation pursuant to Article 1 shall be withdrawn as
soon as it is established that the conditions thereof are no
longer satisfied.

Decision 93/231/EEC is repealed.

Article 4

The references made to the said repealed Decision shall be
construed as references to this Decision and shall be read in
accordance with the correlation table in Annex III.

This Decision is addressed to the Member States.

Article 5

Article 2

Done at Brussels, 19 December 2003.

The Member States concerned shall set up a permanent system
of regular surveys designed to ensure consistent compliance
with the conditions governing authorisation and shall prepare
reports. The Commission shall monitor that system.

For the Commission

The President

Romano PRODI

6.1.2004

EN

Official Journal of the European Union

L 2/49

Member State

Region

ANNEX I

Germany

Ireland

Portugal

Finland

United Kingdom

Decision 93/231/EEC

Decision 95/21/EC

Decision 95/76/EC

Decision 96/332/EC

Decision 2003/242/EC

Bundesland Mecklenburg-Vorpommern
— Gemeinde Groß Lüsewitz
— Ortsteile Lindenhof und Pentz der Gemeinde Metschow
— Gemeinden Böhlendorf, Breesen, Langsdorf sowie Ortsteil Grammow der Gemeinde

Grammow

— Gemeinden Hohenbrünzow, Hohenmocker, Ortsteil Ganschendorf der Gemeinde

Sarow sowie Ortsteil Leistenow der Gemeinde Utzedel

— Gemeinden Ranzin, Lüssow und Gribow
— Gemeinde Pelsin

Entire territory

Azores (areas above 300 m altitude)

Municipalities of Liminka and Tyrnävä

— Cumbria, Northumberland (England)
— Northern Ireland
— Scotland

ANNEX II

Repealed Decision and its successive amendments

OJ L 106, 30.4.1993, p. 11

OJ L 28, 7.2.1995, p. 13

OJ L 60, 18.3.1995, p. 31

OJ L 127, 25.5.1996, p. 31

OJ L 89, 5.4.2003, p. 24

ANNEX III

Correlation table

Decision 93/231/EEC

This Decision

Article 1

Article 2

Article 3

Article 4

—

Article 5

Annex

—

—

Article 1

Article 2

Article 3

—

Article 4

Article 5

Annex I

Annex II

Annex III