2007/410/EC: Commission Decision of 12 June 2007 on measures to prevent the introduction into and the spread within the Community of Potato spindle tuber viroid (notified under document number C(2007) 2451)
Date: 2007-06-12
Institutions: European Commission
Subjects: import licence, import restriction, parasitology, plant disease, plant health control, potato

15.6.2007

EN

Official Journal of the European Union

L 155/71

COMMISSION

COMMISSION DECISION

of 12 June 2007

on measures to prevent the introduction into and the spread within the Community of Potato
spindle tuber viroid

(notified under document number C(2007) 2451)

(2007/410/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

regards this harmful organism, there are at present no
special requirements for these plants originating in the
Community.

Having regard to the Treaty
Community,

establishing the European

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 16(3),

Whereas:

(1)

(2)

(3)

Under Directive 2000/29/EC, where a Member State
considers that there is a danger of introduction into or
spread within its territory of a harmful organism listed in
Annex I or Annex II to that Directive, it is to take any
measures necessary to protect itself from that danger.

As a result of the presence of Potato spindle tuber viroid,
The Netherlands informed the Member States and the
Commission on 14 February 2007 that it had adopted
on 14 February 2007 official measures to prevent the
further introduction into and spread within its territory
of this harmful organism.

Potato spindle tuber viroid is listed in Section I of Part A
of Annex I to Directive 2000/29/EC, and as an organism
whose introduction into and spread within all Member
States is to be prohibited.

(5)

(6)

(7)

It is necessary to take measures against the introduction
into and spread within the Community of the harmful
organism, since the available scientific information has
shown that
that organism on those
the presence of
plants can lead to further spreading of it.

the spread of

The measures provided for in this Decision should apply
the harmful
to the introduction or
organism, the import, production and movement of the
plants of the genus Brugmansia Pers. spp., and the species
intended for planting,
Solanum jasminoides
including seeds, within the Community. In addition, a
the
survey for the presence or continued absence of
harmful organism in the Member States
should be
prepared.

Paxton,

the results of

is appropriate that

It
the measures be
assessed, in particular on the basis of information to be
provided by the Member States, as a basis for possible
future measures.

(8)

Member States should adapt, if necessary, their legislation
in order to comply with this Decision.

(9)

The results of the taken measures should be reviewed by
29 February 2008.

(4)

Potato spindle tuber viroid has been found on plants of
Solanum jasminoides Paxton and Brugmansia Pers. spp. As

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

last amended by

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

(10)

The measures provided for
accordance with
Committee on Plant Health,

the

in this Decision are in
Standing
the

of

opinion

L 155/72

EN

Official Journal of the European Union

15.6.2007

HAS ADOPTED THIS DECISION:

Article 1

Import of the specified plants

The plants of the genus Brugmansia Pers. spp., and the species
Solanum jasminoides Paxton,
including
seeds (hereinafter ‘specified plants’), may be introduced into
the Community only if:

intended for planting,

(a)

they comply with the requirements laid down in point 1 of
the Annex; and

(b) they are, on entry into the Community, inspected and tested
by the responsible official body for the presence of Potato
in accordance with Article 13a(1) of
spindle tuber viroid,
Directive 2000/29/EC, and found free from it.

Article 2

Movement of the specified plants within the Community

The specified plants originating in the Community or imported
into the Community pursuant
to Article 1 may be moved
within the Community only if they meet the conditions laid
down in point 2 of the Annex.

Without prejudice to Article 16(2) of Directive 2000/29/EC, the
results of those surveys, shall be notified to the Commission
and to the other Member States by 10 January 2008.

Any suspected occurrence or confirmed presence of
2.
Potato spindle tuber viroid shall be immediately notified to
the responsible official bodies.

Article 4

Compliance

if necessary, amend the measures which
Member States shall,
the intro-
themselves against
they have adopted to protect
duction and spread of Potato spindle tuber viroid in such a
manner that those measures comply with this Decision. They
immediately inform the Commission of those measures.
shall

Article 5

Review

This Decision shall be reviewed by 29 February 2008 at the
latest.

Article 6

Addressees

This Decision is addressed to the Member States.

Article 3

Surveys and notifications

Done at Brussels, 12 June 2007.

1. Member States shall conduct official surveys, and where
appropriate, testing, for the presence of Potato spindle tuber
viroid on host plants or evidence of infection by this harmful
organism in their territory.

For the Commission

Markos KYPRIANOU
Member of the Commission

15.6.2007

EN

Official Journal of the European Union

L 155/73

ANNEX

Additional measures referred to in Articles 1 and 2 of this Decision

1. Specific import requirements

Without prejudice to point 13 of Part A of Annex III to Directive 2000/29/EC, the specified plants originating in
third countries shall be accompanied by a certificate as referred to in Article 13(1)(ii) of that Directive which states
under the rubric ‘additional declaration’ that the specified plants originate in and have been grown throughout their
life in a place of production as defined in the FAO International Standard for Phytosanitary Measures No 5 (1)
(hereinafter ‘place of production’) which is registered and supervised by the national plant protection organisation
in the country of origin,

(a) in countries where Potato spindle tuber viroid is known not to occur; or

(b) in a pest-free area, established by the national plant protection organisation in the country of origin in accordance
the pest-free area shall be

International Standards for Phytosanitary Measures. The name of

with relevant
mentioned under the rubric ‘place of origin’; or

(c) where all lots of specified plants have been tested and found free from Potato spindle tuber viroid, prior to

movement; or

(d) where all associated mother plants of the specified plants have been tested and found free from Potato spindle
tuber viroid, prior to movement of the specified plants. After testing, the growing conditions are such that
associated mother plants and the specified plants will remain free from Potato spindle tuber viroid prior to
movement.

2. Conditions for movement

All specified plants either originating in the Community or imported into the Community pursuant to Article 1 of
this Decision, with the exception of small quantities of plants for use by the owner or recipient for non-commercial
purposes provided that there is no risk of the harmful organism spreading, may be moved within the Community
only if they are accompanied by a plant passport prepared and issued in accordance with the provisions of
Commission Directive 92/105/EEC (2) and have been grown throughout their life or since their introduction into
the Community in a place of production:

(a) in a Member State where Potato spindle tuber viroid is known not to occur; or

(b) in a pest-free area, established by the responsible official body in a Member State, in accordance with relevant

International Standards for Phytosanitary Measures; or

(c) where all lots of specified plants have been tested and found free from Potato spindle tuber viroid, prior to

movement; or

(d) where all associated mother plants of the specified plants have been tested and found free from Potato spindle
tuber viroid, prior to movement of the specified plants. After testing, the growing conditions are such that
associated mother plants and the specified plants will remain free from Potato spindle tuber viroid prior to
movement.

(1) Glossary of Phytosanitary Terms — Reference Standard ISPM No 5 by the Secretariat of the International Plant Protection Convention,

Rome.

(2) OJ L 4, 8.1.1993, p. 22. Directive as amended by Directive 2005/17/EC (OJ L 57, 3.3.2005, p. 23).