2007/328/EC: Commission Decision of 30 April 2007 providing for the temporary marketing of certain seed potatoes not satisfying the requirements of Council Directive 2002/56/EC (notified under document number C(2007) 1852) (Text with EEA relevance)
Date: 2007-04-30
Institutions: European Commission
Subjects: Sweden, marketing, potato, seedling

11.5.2007

EN

Official Journal of the European Union

L 122/57

COMMISSION DECISION

of 30 April 2007

providing for the temporary marketing of certain seed potatoes not satisfying the requirements of
Council Directive 2002/56/EC

(notified under document number C(2007) 1852)

(Text with EEA relevance)

(2007/328/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DECISION:

Having regard to the Treaty
Community,

establishing the European

Article 1

Having regard to Council Directive 2002/56/EC of 13 June
2002 on the marketing of seed potatoes (1), and in particular
Article 22(1) thereof,

Whereas:

In Sweden the quantity of available seed potatoes of the
category ‘certified seed potatoes’ suitable to the national
environmental conditions which satisfy the requirements
of Directive 2002/56/EC regarding the number of plants
showing symptoms of severe virus infection in the direct
progeny is insufficient and is therefore not adequate to
meet the needs of that Member State.

It is not possible to meet the demand for seed potatoes
with seed potatoes from other Member States or from
third countries which satisfy all the requirements laid
down in Directive 2002/56/EC.

Accordingly, Sweden should be authorised to permit the
marketing of seed potatoes subject
to less stringent
requirements for a period expiring on 30 June 2007.

The marketing in the Community of seed potatoes of
the
category ‘certified seed potatoes’ which do not satisfy the
requirements laid down in Directive 2002/56/EC in respect of
the number of plants showing symptoms of severe virus
infection in the direct progeny shall be permitted,
for a
period expiring on 30 June 2007,
in accordance with the
terms set out in the Annex to this Decision and subject to
the following conditions:

(a)

the number of plants showing symptoms of severe virus
the
infection in the direct progeny of seed potatoes of
category ‘certified seed potatoes’ does not exceed the
percentage set out in the Annex,

(b) the official

label states the percentage of plants showing
symptoms of severe virus infection in the direct progeny
of seed potatoes of the category ‘certified seed potatoes’
ascertained in the official examination pursuant
to Arti-
cle 2(c)(iv) of Directive 2002/56/EC,

(c) seed potatoes have been placed on the market in accordance

with Article 2 of this Decision.

In addition, other Member States, which are in a position
to supply Sweden with seed potatoes irrespective of
whether the seed potatoes were harvested in a Member
State or in a third country, should be authorised to
permit the marketing of such seed potatoes.

Any seed potato supplier wishing to place on the market the
seed potatoes referred to in Article 1 shall apply for author-
isation to the Member State in which he is established or
importing.

Article 2

It is appropriate that Sweden acts as a coordinator in
order to ensure that the total amount of seed potatoes
authorised pursuant to this Decision does not exceed the
maximum quantity covered by this Decision.

The Member State concerned shall authorise the supplier to
place that seed potato on the market, unless:

in this Decision are in
The measures provided for
Standing
the
accordance with
Committee on Seeds and Propagating Material for Agri-
culture, Horticulture and Forestry,

opinion

the

of

(a)

there is sufficient evidence to doubt whether the supplier is
able to place on the market the amount of seed potatoes for
which he has applied for authorisation; or

(1) OJ L 193, 20.7.2002, p. 60. Directive as

last amended by
Commission Decision 2005/908/EC (OJ L 329, 16.12.2005, p. 37).

(b) the total quantity authorised to be marketed pursuant to the
derogation concerned would exceed the maximum quantity
specified in the Annex to this Decision.

(1)

(2)

(3)

(4)

(5)

(6)

L 122/58

EN

Official Journal of the European Union

11.5.2007

Article 3

Article 4

The Member States shall assist each other administratively in the
application of this Decision.

Member States shall
immediately notify the Commission and
the other Member States of the quantities in respect of which
they have granted marketing authorisation pursuant
to this
Decision.

Sweden shall act as coordinating Member State in order to
ensure that the total amount authorised does not exceed the
maximum quantity specified in the Annex to this Decision.

Article 5

This Decision is addressed to the Member States.

Any Member State receiving an application under Article 2 shall
the
immediately notify the coordinating Member State of
amount covered by the application. The coordinating Member
State shall immediately inform the notifying Member State as to
whether authorisation would result in the maximum quantity
being exceeded.

Done at Brussels, 30 April 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission

ANNEX

Species

Type of variety

Potato

(very early and early varieties)
Early Puritan

(starch varieties)
Seresta

Maximum quantity
(tonnes)

Number of plants showing
symptoms of severe virus infection
in the direct progeny (%)

100

400

20