Council Directive 2007/33/EC of 11 June 2007 on the control of potato cyst nematodes and repealing Directive 69/465/EEC
Date: 2007-06-11
Institutions: Council of the European Union
Subjects: parasitology, plant disease, plant health control, potato

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DIRECTIVES

COUNCIL DIRECTIVE 2007/33/EC

of 11 June 2007

on the control of potato cyst nematodes and repealing Directive 69/465/EEC

THE COUNCIL OF THE EUROPEAN UNION,

(6)

Sampling and testing procedures should be set out for
conducting such official investigations and surveys.

Having regard to the Treaty
Community, and in particular Article 37 thereof,

establishing the European

Having regard to the proposal from the Commission,

(7)

Account should be taken of the means of spread of the
pathogen.

Having regard to the Opinion of the European Parliament,

(8)

Whereas:

The provisions should take into account that the control
of potato cyst nematodes is traditionally by crop rotation
as it is recognised that several years in the absence of
potato cultivation will
the population of
nematodes by a significant degree. More recently crop
rotation has been supplemented by the use of resistant
potato varieties.

reduce

Since the adoption of Council Directive 69/465/EEC of
8 December 1969 on control of Potato Cyst Eelworm (1),
there have been significant developments in the nomen-
and epidemiology of potato cyst
clature, biology
nematode species and populations and their distribution
pattern.

(9)

Potato cyst nematodes (Globodera pallida (Stone) Behrens
(European
populations)
rostochiensis
(Wollenweber) Behrens
are
recognised as harmful organisms of potatoes.

and Globodera
(European populations))

The provisions of Directive 69/465/EEC have been re-
examined and, as a result of this re-examination, have
been found insufficient. Therefore, the adoption of more
comprehensive provisions is necessary.

Furthermore, Member States should be able to take addi-
tional or stricter measures where necessary, provided that
there is no hindrance to the movement of potatoes
within the Community, except insofar as laid down in
Council Directive 2000/29/EC of 8 May 2000 on
the introduction into the
protective measures against
to plants or plant
Community of organisms harmful
products
the
Community (2). Such measures should be notified to
the Commission and to the other Member States.

spread within

against

their

and

(10) Directive 69/465/EEC should therefore be repealed.

that official
The provisions should take into account
investigations are necessary to ensure that no potato
cyst nematodes are found in fields
in which seed
potatoes intended for the production of seed potatoes,
and certain plants intended for the production of plants
for planting, are planted or stored.

(11)

Official surveys should be carried out on fields used for
the production of potatoes other than those used for the
production of seed potatoes in order to determine the
distribution of the potato cyst nematodes.

the objectives of

their spread and to control

this Directive, namely to
Since
determine the distribution of potato cyst nematodes to
prevent
them, cannot be
sufficiently achieved by the Member States and can
this
therefore by reason of
the scale and effects of
the
Directive be better achieved at Community level,
Community may adopt measures,
in accordance with
the principle of subsidiarity as set out in Article 5 of
the Treaty. In accordance with the principle of propor-
tionality, as set out in that Article, this Directive does not
go beyond what is necessary in order to achieve those
objectives.

(1) OJ L 323, 24.12.1969, p. 3. Directive as last amended by the Act of

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

last amended by

Accession of 1994.

Commission Directive 2006/35/EC (OJ L 88, 25.3.2006, p. 9).

(1)

(2)

(3)

(4)

(5)

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(12)

The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures for
implementing powers
the exercise of
conferred on the Commission (1),

HAS ADOPTED THIS DIRECTIVE:

officially notified to the Commission and to the other Member
States.

2.
Further provisions related to the criteria for the definition
of a field may be adopted in accordance with the procedure
referred to in Article 17(2).

CHAPTER I

SUBJECT-MATTER AND DEFINITIONS

Article 1

CHAPTER II

DETECTION

Article 4

against Globodera

This Directive establishes the measures to be taken by the
(Stone) Behrens
Member States
(European
rostochiensis
(European populations), hereinafter
(Wollenweber) Behrens
referred to as ‘potato cyst nematodes’,
in order to determine
their distribution, to prevent their spread and to control them.

pallida
Globodera

populations)

and

1. Member States shall prescribe that an official investigation
for the presence of potato cyst nematodes shall be carried out
on the field in which the plants listed in Annex I, intended for
the production of plants for planting, or seed potatoes intended
for the production of seed potatoes, are to be planted or stored.

Article 2

For the purpose of this Directive, the following definitions shall
apply:

(a)

‘official’ or
‘officially’ means established, authorised or
performed by the responsible official bodies of a Member
State as defined in Article 2(1)(g) of Directive 2000/29/EC;

2.
The official investigation provided for in paragraph 1 shall
be carried out in the period between the harvesting of the last
crop in the field and the planting of the plants or seed potatoes
in
mentioned in paragraph 1. It may be carried out earlier,
the
which case documentary evidence shall be available of
results of
investigation confirming that potato cyst
nematodes have not been found and that potatoes and other
host plants listed in point 1 of Annex I were not present at the
time of the investigation and have not been grown since the
investigation.

that

(b) ‘resistant potato variety’ means a variety that when grown
significantly inhibits the development of a particular popu-
lation of potato cyst nematodes;

3.
Results of official investigations other than those referred
to in paragraph 1 and carried out before 1 July 2010 may be
considered as evidence as referred to in paragraph 2.

(c)

‘investigation’ means a methodical procedure to determine
the presence of potato cyst nematodes in a field;

(d) ‘survey means’ a methodical procedure conducted over a
defined period of
time to determine the distribution of
potato cyst nematodes in the territory of a Member State.

Article 3

1.
The responsible official bodies of the Member State shall
define what constitutes a field for the purposes of this Directive
in order to ensure that phytosanitary conditions within a field
are homogeneous as regards the risk of potato cyst nematodes.
In doing so, they shall take into account sound scientific and
statistical principles, the biology of the potato cyst nematode,
the cultivation of the field and the particular production systems
of the host plants of potato cyst nematodes in that Member
State. The detailed criteria for the definition of a field shall be

(1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

If the responsible official bodies of a Member State have
there is no risk of spreading potato cyst
investigation referred to in para-

4.
established that
nematodes,
graph 1 shall not be required for:

the official

(a)

the planting of plants listed in Annex I, intended for the
production of plants for planting to be used within the
same place of production situated in an officially defined
area;

(b) the planting of seed potatoes, intended for the production
of seed potatoes to be used within the same place of
production situated in an officially defined area;

(c)

the production of plants

the planting of plants listed in point 2 of Annex I, intended
for planting where the
for
harvested plants
to the officially
subject
approved measures referred to in Section III(A) of Annex III.

to be

are

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5. Member States shall ensure that the results of the investi-
gations referred to in paragraphs 1 and 3 are officially recorded
and are accessible to the Commission.

Potatoes or plants listed in Annex I which come from a
3.
field officially recorded as infested with potato cyst nematodes
as referred to in paragraph 1 or paragraph 2 of this Article, or
have been in contact with soil in which potato cyst nematodes
have been found, shall be officially designated as contaminated.

Article 5

1.
In the case of fields in which seed potatoes or plants listed
in point 1 of Annex I intended for the production of plants for
planting, are to be planted or stored, the official investigation
referred to in Article 4(1) shall involve sampling and testing for
the presence of potato cyst nematodes in accordance with
Annex II.

2.
In the case of fields in which the plants listed in point 2
of Annex I, intended for the production of plants for planting,
are to be planted or stored, the official investigation referred to
the
in Article 4(1) shall
presence of potato cyst nematodes in accordance with Annex
II or verification as set out in Section I of Annex III.

involve sampling and testing for

Article 6

1. Member States shall provide that official surveys are
carried out on fields used for the production of potatoes,
seed
other
potatoes, in order to determine the distribution of potato cyst
nematodes.

the production of

intended for

than those

2.
The official surveys shall involve sampling and testing for
the presence of potato cyst nematodes in accordance with
paragraph 2 of Annex II and shall be carried out in accordance
with Section II of Annex III.

The results of

3.
the official surveys shall be notified in
writing to the Commission in accordance with Section II of
Annex III.

Article 7

If, as a result of the official investigation referred to in Article
4(1) and the other official investigations referred to in Article
4(3), no potato cyst nematodes are found,
the responsible
official bodies of a Member State shall ensure that this infor-
mation is officially recorded.

Article 8

1. When a field is found infested with potato cyst nematodes
during the official investigation referred to in Article 4(1), the
responsible official bodies of a Member State shall ensure that
this information is officially recorded.

2. When a field is found infested with potato cyst nematodes
during the official
the
responsible official bodies of a Member State shall ensure that
this information is officially recorded.

survey referred to in Article 6(1),

CHAPTER III

CONTROL MEASURES

Article 9

1. Member States shall prescribe that in a field which has
been officially recorded as infested as referred to in Article 8(1)
or 8(2):

(a) no potatoes intended for the production of seed potatoes

shall be planted; and

(b) no plants listed in Annex I, intended for replanting, shall be
planted or stored. However, plants listed in point 2 of
Annex I may be planted in that field provided that these
plants are to be subject to the officially approved measures
referred to in Section III(A) of Annex III, such that there is
no identifiable risk of spreading potato cyst nematodes.

2.
In the case of fields to be used for planting potatoes, other
than those intended for the production of seed potatoes, offi-
cially recorded as infested as referred to in Article 8(1) or 8(2),
the Member States shall
the responsible official bodies of
prescribe that
to an official
control programme aiming at
the suppression of
potato cyst nematodes.

shall be subject
least at

these fields

The programme referred to in paragraph 2 of this Article shall
the particular production and marketing
take into account
systems for host plants of potato cyst nematodes in the
relevant Member State, the characteristics of the population of
the use of resistant potato
potato cyst nematodes present,
as
levels of
varieties of
specified in Section I of Annex IV and, where appropriate,
other measures. This programme shall be notified in writing
to the Commission and to the other Member States with a
view to ensuring comparable levels of assurance between the
Member States.

the highest

resistance

available

The degree of resistance of potato varieties, other than those
already notified under Article 10(1) of Directive 69/465/EEC
shall be quantified according to the standard scoring notation
table set out in Section I of Annex IV of this Directive. Testing
for resistance shall be carried out according to the protocol set
out in Section II of Annex IV of this Directive.

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Article 10

1. Member States shall prescribe that for potatoes or plants
listed in Annex I, which have been designated as contaminated
under Article 8(3):

list of all new varieties of potatoes which they have found by
official testing to be resistant to potato cyst nematodes. They
shall state the species, pathotypes, virulence groups or popu-
lations to which the varieties are resistant,
the degree of
resistance and the year of its determination.

(a)

in the case of seed potatoes and the host plants listed in
point 1 of Annex I, they shall not be planted unless they
the
have been decontaminated under the supervision of
responsible official bodies of a Member State using an
appropriate method adopted under paragraph 2 of
this
Article, based on scientific evidence that there is no risk
of spreading potato cyst nematodes;

(b) in the case of potatoes intended for industrial processing or
to officially approved

grading,
measures in accordance with Section III(B) of Annex III;

they shall be

subject

(c)

in the case of plants listed in point 2 of Annex I, they shall
not be planted unless they have been subject to the officially
approved measures as referred to in Section III(A) of Annex
III, such that they are no longer contaminated.

Specifications of the methods referred to in paragraph 1(a)
this Article shall be adopted in accordance with the

2.
of
procedure referred to in Article 17(2).

Article 11

16(1)

prejudice

to Article

1. Without
of Directive
2000/29/EC, Member States shall prescribe that the suspected
occurrence or confirmed presence of potato cyst nematodes in
their territory resulting from a breakdown or change in the
effectiveness of a resistant potato variety which relates to an
exceptional change in the composition of nematode species,
pathotype or virulence group shall be reported to their own
responsible official bodies.

Article 13

If, after the officially approved measures referred to in Section
III(C) of Annex III have been taken, the presence of potato cyst
nematodes is not confirmed, the responsible official bodies of
the Member State shall ensure that the official record referred to
in Article 4(5), Article 8(1) and Article 8(2) is updated and any
restrictions imposed on the field are revoked.

Article 14

Without prejudice to Articles 3 and 5 of Directive 2000/29/EC,
Member States may authorise derogations from the measures
referred to in Articles 9 and 10 of this Directive in accordance
laid down in Commission Directive
with the provisions
95/44/EC of 26 July 1995 establishing the conditions under
which certain harmful organisms, plants, plant products and
other objects listed in Annexes I to V to Council Directive
77/93/EEC may be introduced into or moved within the
Community or certain protected zones thereof,
for trial or
scientific purposes and for work on varietal selections (1).

CHAPTER IV

GENERAL AND FINAL PROVISIONS

Article 15

Member States may adopt in relation to their own production
such additional or stricter measures as may be required to
control potato cyst nematodes or to prevent them spreading
in so far as they are in compliance with Directive 2000/29/EC.

2.
For all cases reported under paragraph 1, Member States
shall provide that the potato cyst nematode species and, where
applicable, the pathotype or virulence group involved, are inves-
tigated and confirmed by appropriate methods.

Those measures shall be notified in writing to the Commission
and to the other Member States.

3.
The details of the confirmations referred to in paragraph 2
shall be sent in writing each year by 31 December at the latest
to the Commission and to the other Member States.

Article 16

Amendments to the Annexes, to be made in the light of devel-
opments in scientific or technical knowledge, shall be adopted
in accordance with the procedure referred to in Article 17(2).

4.
The appropriate methods referred to in paragraph 2 of
this Article may be adopted in accordance with the procedure
referred to in Article 17(2).

Article 12

Article 17

The Commission shall be assisted by the Standing
1.
Committee on Plant Health, hereinafter referred to as ‘the
Committee’.

Member States shall notify in writing to the Commission and to
the other Member States each year by 31 January at the latest, a

(1) OJ L 184, 3.8.1995, p. 34. Directive as

last amended by

Commission Directive 97/46/EC (OJ L 204, 31.7.1997, p. 43).

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2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply.

2. Member States shall communicate to the Commission the
text of the main provisions of national law, which they adopt in
the field governed by this Directive.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

Article 19

Article 18

1. Member States shall adopt and publish by 30 June 2010
at the latest the laws, regulations and administrative provisions
necessary to comply with this Directive. They shall forthwith
communicate to the Commission the text of those provisions
and a correlation table between those provisions and this
Directive.

They shall apply those provisions from 1 July 2010.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of
their official publication. The
methods of making such reference shall be laid down by
Member States.

Directive 69/465/EEC is repealed with effect from 1 July 2010.

Article 20

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

This Directive is addressed to the Member States.

Done at Luxembourg, 11 June 2007.

For the Council
The President

H. SEEHOFER

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List of plants referred to in Articles 4(1), 4(2), 4(4), 5(1), 5(2), 8(3), 9(1)(b), and 10(1)

ANNEX I

1.

Host plants with roots:

Capsicum spp.,

Lycopersicon lycopersicum (L.) Karsten ex Farw.,

Solanum melongena L.

2. (a) Other plants with roots:

Allium porrum L.,

Beta vulgaris L.,

Brassica spp.,

Fragaria L.,

Asparagus officinalis L.

(b) Bulbs, tubers and rhizomes, not subjected to the officially approved measures as referred to in Section III(A) of
Annex III, grown in soil and intended for planting, other than those for which there shall be evidence by their
packaging or by other means that they are intended for sale to final consumers not involved in professional plant
or cut flower production, of:

Allium ascalonicum L.,

Allium cepa L.,

Dahlia spp.,

Gladiolus Tourn. Ex L.,

Hyacinthus spp.,

Iris spp.,

Lilium spp.,

Narcissus L.,

Tulipa L.

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ANNEX II

1. With reference to the sampling and testing for the official investigation referred to in Article 5(1) and 5(2):

(a) sampling shall involve a soil sample with a standard rate of at least 1 500 ml soil/ha collected from at least 100
cores/ha preferably in a rectangular grid of not less than 5 metres in width and not more than 20 metres in length
between sampling points covering the entire field. The whole sample shall be used for further examination, i.e.
extraction of cysts, species identification and, if applicable, pathotype/virulence group determination;

(b) testing shall involve methods for the extraction of potato cyst nematodes described in the relevant Phytosanitary

Procedures or Diagnostic Protocols for Globodera pallida and Globodera rostochiensis: EPPO standards.

2. With reference to the sampling and testing for the official survey referred to in Article 6(2):

(a) sampling shall be:

— the sampling described in paragraph 1 with a minimum sampling rate of soil of at least 400 ml/ha,

or

— targeted sampling of at least 400 ml of soil after visual examination of roots where there are visual symptoms,

or

— sampling of at least 400 ml of soil associated with the potatoes after harvesting provided that the field where

the potatoes were grown is traceable;

(b) testing shall be the testing referred to in paragraph 1.

3. By way of derogation the standard sampling rate referred to in paragraph 1 may be reduced to a minimum of 400 ml

of soil/ha provided that:

(a)

there is documentary evidence that no potatoes or other host plants listed in point 1 of Annex I have been grown
and were present in the field in the six years prior to the official investigation;

or

(b) no potato cyst nematodes have been found during the last two successive official investigations in samples of
1 500 ml soil/ha and no potatoes or other host plants listed in point 1 of Annex I, other than those for which an
official investigation is required according to Article 4(1), have been grown after the first official investigation;

or

(c) no potato cyst nematodes or potato cyst nematode cysts without live content have been found in the last official
investigation which must have consisted of a sample size of at least 1 500 ml soil/ha and no potatoes or other
host plants listed in point 1 of Annex I, other than those for which an official investigation is required according
to Article 4(1), have been grown in the field since the last official investigation.

Results of other official investigations carried out before 1 July 2010 may be considered as official investigations as
referred to in subparagraphs (b) and (c).

4. By way of derogation the sampling rate referred to at paragraphs 1 and 3 may be reduced for fields larger than 8 ha

and 4 ha respectively:

(a)

in the case of the standard rate referred to in paragraph 1, the first 8 ha shall be sampled at the rate specified
therein, but may be reduced for each additional hectare to a minimum of 400 ml of soil/ha;

(b) in the case of the reduced rate referred to in paragraph 3, the first 4 ha shall be sampled at the rate specified

therein, but may be further reduced for each additional hectare to a minimum of 200 ml of soil/ha.

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5. The use of the reduced sample size as referred to at paragraphs 3 and 4 may be continued in the subsequent official

investigations referred to in Article 4(1) until potato cyst nematodes have been found in the field concerned.

6. By way of derogation the standard size of the soil sample referred to in paragraph 1 may be reduced to a minimum of
200 ml of soil/ha provided that the field is situated in an area declared free from potato cyst nematodes, and
designated, maintained and surveyed in accordance with the relevant
International Standards for Phytosanitary
Measures. Details of such areas shall be officially notified in writing to the Commission and the other Member States.

7. The minimum size of the soil sample in all cases shall be 100 ml of soil per field.

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ANNEX III

SECTION I

VERIFICATION

With reference to Article 5(2), the official investigation referred to in Article 4(1) shall establish that at the time of
verification one of the following criteria are met:

— no history of potato cyst nematodes in the field during the last 12 years, based on the results of appropriate officially

approved testing,

or

— a known cropping history in which no potatoes or other hosts plants listed in point 1 of Annex I have been grown in

the field in the past 12 years.

SECTION II

SURVEYS

The official surveys referred to in Article 6(1), shall be conducted on at least 0,5 % of the acreage used in the relevant year
for the production of potatoes, other than that intended for the production of seed potatoes. The results of the surveys
shall be notified to the Commission by 1 April for the previous 12 month period.

SECTION III

OFFICIAL MEASURES

(A) The officially approved measures referred to in Article 4(4)(c), 9(1)(b) Article 10(1)(c) and in paragraph 2b of Annex I

are:

1. disinfestation by appropriate methods such that there is no identifiable risk of the potato cyst nematodes

spreading;

2. removal of soil by washing or brushing until practically free of soil such that there is no identifiable risk of the

potato cyst nematodes spreading.

(B) The officially approved measures referred to in Article 10(1)(b) are delivery to a processing or grading plant with
appropriate and officially approved waste disposal procedures for which it has been established that there is no risk of
the potato cyst nematodes spreading.

(C) The officially approved measures referred to in Article 13 are an official re-sampling of the field officially recorded as
infested as referred to in Article 8(1) or 8(2), and testing using one of the methods specified in Annex II, after a
minimum period of six years counting from the positive confirmation of potato cyst nematodes, or counting from
the growing of the last potato crop. This period may be reduced to a minimum of three years if appropriate officially
approved control measures have been taken.

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ANNEX IV

SECTION I

DEGREE OF RESISTANCE

The degree of susceptibility of potatoes to potato cyst nematodes shall be quantified according to the following standard
scoring notation as referred to in Article 9(2).

The score 9 indicates the highest level of resistance.

Relative susceptibility (%)

Score

< 1

1,1-3

3,1-5

5,1-10

10,1-15

15,1-25

25,1-50

50,1-100

> 100

9

8

7

6

5

4

3

2

1

SECTION II

PROTOCOL FOR RESISTANCE TESTING

1. The test shall be performed in a quarantine facility either outside, in glasshouses, or in climate chambers.

2. The test shall be performed in pots each containing at least one litre of soil (or suitable substrate).

3. The soil temperature during the course of the test shall not exceed 25 °C and adequate watering shall be provided.

4. When planting the test or control variety one potato eye plug of each test or control variety shall be used. Removal

of all stems except one is recommended.

5. The potato variety ‘Désirée’ shall be used as a standard susceptible control variety in every test. Additional fully
susceptible control varieties of local relevance may be added as internal checks. The standard susceptible control
variety may be changed if research indicates that other varieties are either more suitable or more accessible.

6. The following standard populations of potato cyst nematodes shall be used against pathotypes Ro1, Ro5, Pa1 and

Pa3:

Ro1: population Ecosse

Ro5: population Harmerz

Pa1: population Scottish

Pa3: population Chavornay

Other potato cyst nematode populations of local relevance may be added.

7. The identity of the standard population used shall be checked using appropriate methods. It is recommended that at
least two resistant varieties or two differential standard clones of known resistance capacity are used in the test
experiments.

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8. The potato cyst nematode inoculum (Pi) shall consist in total of five infective eggs and juveniles per ml of soil. It is
recommended that the number of potato cyst nematodes to be inoculated per ml of soil is determined in hatching
experiments. The potato cyst nematodes may be inoculated as cysts, or combined as eggs and juveniles in a
suspension.

9. The viability of the potato cyst nematode cyst content used as the inoculum source shall be at least 70 %. It is
recommended that the cysts are 6-24 months old and are kept for at least four months at 4 °C immediately prior to
use.

10. There shall be at least four replicates (pots) per combination of potato cyst nematode population and potato variety

tested. It is recommended to use at least 10 replicates for the standard susceptible control variety.

11. The duration of the test shall be at least three months and the maturity of developing females shall be checked before

breaking up the experiment.

12. Potato cyst nematode cysts from the four replicates shall be extracted and counted separately for each pot.

13. The final population (Pf) on the standard susceptible control variety at the end of the resistance test shall be
determined by counting all cysts from all replicates and the eggs and juveniles from at least four replicates.

14. A multiplication rate of at least 20 × (Pf/Pi) on the standard susceptible control variety shall be achieved.

15. The coefficient of variation (CV) on the standard susceptible control variety shall not exceed 35 %.

16. The relative susceptibility of the tested potato variety to the standard susceptible control variety shall be determined

and expressed as a percentage according to the formula:

Pftest variety/Pfstandard susceptible control variety × 100 %.

17. If a tested potato variety has a relative susceptibility of more than 3 %, cyst counts will suffice. In cases where the

relative susceptibility is less than 3 %, eggs and juveniles shall be counted in addition to cyst counts.

18. Where the results of tests in the first year indicate that a variety is fully susceptible to a pathotype, there is no

requirement to repeat these tests in a second year.

19. The results of the tests shall be confirmed by at least one other trial performed in another year. The arithmetic mean
of the relative susceptibility in the two years shall be used to derive the score according to the standard scoring
notation.