2005/850/EC: Commission Decision of  25 November 2005  amending Decision 2003/61/EC 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(2005) 4526)
Date: 2005-11-25
Institutions: European Commission
Subjects: Canada, derogation from EU law, import, originating product, potato, seedling

L 315/18

EN

Official Journal of the European Union

1.12.2005

COMMISSION DECISION

of 25 November 2005

amending Decision 2003/61/EC 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(2005) 4526)

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

(2005/850/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DECISION:

Having regard to the Treaty
Community,

establishing the European

Article 1

Decision 2003/61/EC is amended as follows:

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), and in
and against
particular Article 15(1) thereof,

1.

in Article 1(1), the words ‘Greece, Italy, Portugal and Spain’
are replaced by ‘Greece, Spain,
Italy, Cyprus, Malta and
Portugal’;

Whereas:

2. Article 1(2)(c) is replaced by the following:

(1)

(2)

Pursuant to Directive 2000/29/EC, seeds potatoes origi-
nating in Canada 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 2003/61/EC (2), provides for a
derogation for the importation of seed potatoes origi-
nating in certain provinces of Canada into Greece, Italy,
Portugal and Spain subject to specific conditions.

(3)

Portugal has asked for an extension of that derogation.

(4)

(5)

(6)

(7)

situation

The
unchanged
continue to apply.

and

justifying
the

that
derogations

derogation
should

remains
therefore

The derogation in Decision 2003/61/EC should be
extended to new Member States with similar climatic
conditions to those mentioned in the decision.

Decision 2003/61/EC should therefore be amended
accordingly.

The measures provided for
accordance with
Committee on Plant Health,

the

in this Decision are in
Standing
the

of

opinion

(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 23, 28.1.2003, p. 31.

‘(c)

for the potato-marketing seasons from 1 February 2003
to 31 March 2003,
from 1 December 2003 to 31
from 1 December 2004 to 31 March
March 2004,
from 1 December 2005 to 31 March 2006,
2005,
from 1 December 2006 to 31 March 2007 and from
1 December 2007 to 31 March 2008.’;

3.

in Article 8 the following are added to the list of ports:

‘(k) Lemesos

(l) Larnaca

(m) Marsaxlokk

(n) Valletta

(o) Sines’;

4.

in Article 10(3)
following:

the second sentence is replaced by the

‘The responsible official bodies of a Member State making
use of this derogation shall, by 15 April of each calendar
year
inform the
Commission, with a view to organising that examination
and the recording thereof.’;

in which importation takes place,

1.12.2005

EN

Official Journal of the European Union

L 315/19

5.

in Article 14, the second and third paragraphs are replaced
by the following:

6.

in Article 15 ‘31 March 2005’
2008’.

is replaced by ‘31 March

importation shall provide

‘The Member State of
the
Commission and the other Member States, before 1 June
of each calendar year in which importation takes place,
with information on the amounts (lots of seed potatoes/con-
signments) imported pursuant to this Decision and with a
detailed technical report on the official examination referred
to in Article 10.

In those cases where Member States have made official
examinations on the samples referred to in Article 10, the
detailed technical reports of such examinations shall be
submitted to the other Member States and the Commission
before 1 June of each calendar year.’;

Article 2

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

the
the Republic of

the Italian Republic,

Done at Brussels, 25 November 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission