2005/649/EC: Commission Decision of 13 September 2005 amending Decision 2003/63/EC authorising Member States to provide for temporary derogations from Council Directive 2000/29/EC in respect of potatoes, other than potatoes intended for planting, originating in certain provinces of Cuba (notified under document number C(2005) 3406)
Date: 2005-09-13
Institutions: European Commission
Subjects: Cuba, derogation from EU law, import restriction, originating product, plant health control, plant health legislation, potato

L 238/18

EN

Official Journal of the European Union

15.9.2005

COMMISSION DECISION

of 13 September 2005

amending Decision 2003/63/EC authorising Member States to provide for temporary derogations
from Council Directive 2000/29/EC in respect of potatoes, other than potatoes intended for
planting, originating in certain provinces of Cuba

(notified under document number C(2005) 3406)

(2005/649/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DECISION:

Having regard to the Treaty
Community,

establishing the European

Article 1

Decision 2003/63/EC is amended as follows:

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

Whereas:

Under Directive 2000/29/EC, potatoes, other
than
potatoes intended for planting, originating in Cuba may
not be introduced into the Community. However, that
Directive permits derogations from that rule provided
there is no risk of spreading harmful organisms.

Commission Decision 2003/63/EC (2) provides
for a
derogation for the importation of potatoes, other than
potatoes intended for planting, originating in certain
provinces of Cuba, subject to specific conditions.

Germany and the United Kingdom have asked for an
extension of that derogation.

situation

The
unchanged
continue to apply.

and

justifying
the

that
derogation

derogation
should

remains
therefore

1. In Article 2,
following:

the second paragraph is replaced by the

and

importation shall provide
other Member

‘The Member States of
the
Commission
before
the
1 September of each calendar year in which importation
information on the quantities
takes place, with the
imported pursuant
to this Decision and with a detailed
technical report of the official examination referred to in
point 2(f) of the Annex. Copies of each phytosanitary certi-
ficate shall be transmitted to the Commission.’

States,

2. Article 3 is replaced by the following:

‘Article 3

Article 1 shall apply to potatoes, other
than potatoes
intended for planting, that are introduced into Community,
in the periods:

(i) between 1 January and 31 May 2006;

(ii) between 1 January and 31 May 2007;
(iii) between 1 January and 31 May 2008.’

Article 2

This Decision is addressed to the Member States.

Decision 2003/63/EC should,
accordingly.

therefore, be amended

Done at Brussels, 13 September 2005.

The measures provided for
accordance with
Committee on Plant Health,

the

in this Decision are in
Standing
the

of

opinion

For the Commission

Markos KYPRIANOU
Member of the Commission

(1)

(2)

(3)

(4)

(5)

(6)

(1) OJ L 169, 10.7.2000, p. 1. Directive as

last amended by

Commission Directive 2005/16/EC (OJ L 57, 3.3.2005, p. 19).

(2) OJ L 24, 29.1.2003, p. 11.