CELEX: 51987PC0116
Language: en
Date: 1987-03-20
Title: Proposal for a COUNCIL DECISION authorizing certain Member States to waive certain provisions of Council Directive 77/93/EEC in respect of ware potatoes originating in Cuba (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 116
Vol. 1987/0051
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(87 ) 116 final
                                                    Brussels , 20 March 1987
                                Proposai for a
                               COUNCIL DECISION
    authorizing certain Member States to waive certain provisions of
          Council Directive 77 / 93 / EEC in respect of ware potatoes
                             originating in Cuba
                       ( presented by the Commission )
                                                     ' '   '•   \
                                       fë "   ^ *
                                              L ■-'<     ■          j!
C0MC87 ) 116 final
 ---pagebreak---                                             Λ                                 (LOYV\ 7^ ^
                                  EXPLANATORY MEMORANDUM
Directive 77 / 93 / EEC , as a result of an amendment adopted in 1984 provides that
ware potatoes which originate in non-European third countries should not in
principle be introduced into the Community because of the risk of introducing
exotic potato diseases . However derogations from this rule can be permitted
provided that there is no risk of spreading harmful organisms .
Before the 1984 amendment , the production of ware potatoes in Cuba from seed
supplied by certain Member States and the export to the Community of limited
quantities of these potatoes have been established practice .
On request of certain Member States and on the basis of currently available
technical information which was either provided by Cuba or obtained in Cuba , the
Commission has examined health standards , applicable to the production of potatoes
in Cuba . It has been established that no risk of spreading harmful organisms exists
, provided that certain special technical conditions are complied with , that the
    nspection measures are monitored by a Community inspector and that the potatoes
  : re introduced at a time when they cannot influence the health status of potatoes
    roduced in the Community .
    he requesting Member States should consequently be authorised on a temporary basis
to provide for derogations in respect of ware potatoes originating in Cuba .
The draft decision relating to such an authorisation subject to certain special
technical conditions , was submitted to a vote of the Standing Committee on Plant
Health of 3 February 1987 . Seven Member States voted in favour . Greece , Spain ,
  I celand and Italy voted against the draft and Portugal abstained .
  In consequence the Committee did not deliver an opinion within the time limit
provided for ( 1 ).
Under the procedure provided for in cases of absence of opinion of the Standing
Committee on Plant Health , and taking into account the urgency of the matter ,
owing to the imminent and short season for imports of ware potatoes from Cuba
 ( early March until the end of March / mid April the Commission submits to Council
 the following proposal , in application of provisions given by Article 17 paragraph
4 of Directive 77 / 93 / EEC .
 (1)    45 votes for ( number of votes required for a qualified majority : 54 )
        26 votes against
         5 abstentions
 ---pagebreak---                                    PROPOSAL FOR A COUNCIL DECISION
authorizing certain Member States to             waive                 certain provisions
of          Directive 77 / 93 / EEC in respect of ware potatoes originating in Cuba
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Directive 77 / 93 / EEC of 21 December 1976 on protective
measures against the introduction into the Member States of organisms harmful to
plants or plant products ( 1 ), as last amended by Directive^. 3 . 1 987_/ ( 2 ), and
in particular Articles 14(3 ) and 17 thereof ,
Having regard to the requests made by Belgium , Luxembourg and the Netherlands ,
ilaving regard to the proposal from the Commission ,
Whereas under the provisions of Directive 77 / 93 / EEC , potato tubers other than
those officially certified as seed potatoes pursuant to other Community provisions ,
originating in third countries not belonging to the continent of Europe , may in
principle not be introduced into the Community because of the risk of introducing
exotic potato diseases unknown in the Community ;
Whereas , however , Article 14(3 ) of the said Directive permits derogations from
that rule , provided that it is established that there is no risk of spreading
harmful organisms ;
(1)   OJ No L 26 , 31.1.1977 , p. 20
(2)   OJ No L
 ---pagebreak---                                         2
Whereas the early growing of ware potatoes in Cuba from seed potatoes supplied
by Member States has become an established practice ; whereas part of the early
supply of ware potatoes in the Community has been ensured by imports of such ma ¬
terial from Cuba ;
Whereas information supplied by and in Cuba has shown that there are good reasons
to believe that in Cuba potatoes can be grown under adequate health conditions
and that , at present , there are no sources for the introduction of exotic potato
diseases , and that moreover Cuba has implemented adequate health and quality stan¬
dards in her potato production , and that , at least in respect of potatoes derived
from seed potatoes supplied by the Community , exotic potato diseases unknown in
the Community are not likely to occur ;
Whereas , however , in particular , the post-harvest control system in respect of
the potatoes intended for the Community should be monitored in such a way as to
ensure that it takes into account the specific concern of the Community ;
Whereas it can therefore be established , on the basis of the information available
at present , that there is no risk of harmful organisms spreading , provided that
certain special technical conditions are complied with , and that the potatoes
are introduced at a time when they cannot influence the health status of potatoes
produced in the Community ;
Whereas the requesting Member States should therefore be authorized to provide
for waivers      in respect of ware potatoes originating in Cuba , under the afore ¬
mentioned special technical conditions , for the forthcoming early potato season ;
whereas this system will be reconsidered , depending on the results of       outstanding
monitoring of the post-harvest control system ;
Whereas the Standing Committee on Plant Health has not delivered an opinion within
the time limit set by its Chairman ,
HAS ADOPTED THIS DECISION :
 ---pagebreak---                                         3
                                      Article 1
1. Belgium , Luxembourg and the Netherlands are hereby authorized to provide ,
   under the conditions laid down in paragraph 2 , for waivers          from Article
   4(1 ), with regard to the prohibitions referred to in Part A(9a ) of Annex III
   to Directive 77 / 93 / EEC , for ware potatoes originating in Cuba , with a view to
   marketing them in their respective territories or between them .
2. The following conditions shall be satisfied , without prejudice to other pro ¬
   visions of p^rective 77 / 93 EEC :
   a ) The potatoes shall be potatoes for consumption ;
   b ) they shall either be immature potatoes , i.e. ' unsuberized 1 potatoes with
         loose skin , or they shall have been treated for the suppression of their
         faculty of germination ;
   c)    they shall have been grown in the province 'Pinar del Rio ";
   d)    they shall belong to varieties the seed potatoes of which were imported
         into Cuba only from Member States ;
   e)    they shall be the direct progeny of either seed potatoes officially cer¬
         tified in 1986 as 'basic seed' or 'certified seed' in Member States ha ¬
         ving supplied Cuba , or of the progeny of such seed potatoes , officially
         certified in 1985 , if this progeny was produced in the province 'Pinar
         del Rio' and qualified as seed potatoes in accordance with the current
         rules applicable in Cuba ;
   f)    they shall have been grown either on farms which have not grown potatoes
         of varieties other than those specified in d ) over the last five years ,
         or , in the case of State farms , on land sections which are kept separate
         from other land were potatoes of varieties other than those specified in
         d ) have been grown over the last five years ;
   g)    they shall have been handled by machinery which is reserved for them or
         which has been disinfected in an appropriate manner after each use for
         other purposes ;
   h)    they shall not have been in store-houses where potatoes of varieties other
         than those specified in d ) have been stored ;
 ---pagebreak--- they shall be free from soil , subject to a tolerance of 0,5 % by weight ,
and free from leaves and other plant debris ;
they shall have been sampled , by the Cuban plant protection organization ,
in accordance with international standards , and found , in official exa ¬
mination carried out by this plant protection organization , to meet the
tolerances for tubers with defects applicable to Cuban quality class
I , as specified in Annex I , up to a maximum total of 4,5 % by number of
tubers for all defects and to a maximum total of 2 % by number of tubers
for all defects other than potato greening , size-off types and mixing of
varieties , provided that the potatoes are free from live larvae , pupas or
adults of boring insects ; they shall have met these tolerances also in
any other examination carried out by other bodies for other purposes ;
they shall be packed :
      either in new bags ,
      or in containers which have been disinfected in an appropriate manner ;
an official label shall be applied to each bag or container , which bears
the information specified in Annex II .
the official plant health certificate required pursuant to Article 12(1 ) (b )
of Directive 77 / 93 / EEC shall indicate :
      under the section 'Disinfestation and/ or disinfection treatment' all
      information related to the possible treatments referred to in b ) se ¬
       cond option and/ or 1 ), second indent ,
      under the section 'Additional declaration' :
      =     name of the variety ,
      =     identification number or name of the farm where the potatoes
            have been grown and its location ,
      =     reference allowing the identification of the seed lot used in
            accordance with e ) ,
      =     results of the examination for presence of potatoes with defects
           in accordance with k ) ;
the conditions b ) to m ) shall have been monitored by an inspector dispat ¬
ched on request of the Commission ; the monitoring shall be confirmed by
him on the official plant health certificate referred to in m ) ;
 ---pagebreak---        o)   on arrival , the potatoes shall he inspected by the importing Member State
             for satisfaction of the requirement specified in k ) ; a copy of each of¬
            ficial plant health certificate shall be serjt to the Commission ;
       p)   on arrival , a sample of 400 tubers shall be drawn by the importing Member
            State for each 50 tonnes of imported potatoes , for appropriate testing
            for the presence of harmful organisms . The harmful organisms concerned
            and the details of testing shall be determined in agreement with the
            plant protection organizations of the Member States .
                                      Artide 2
1.     The authorization granted in Article 1 shall expire on 17 April 1987 , subject
       to certain tolerances which may be granted by the plant protection organization
       of the Member State concerned , for reasons of unforeseeable delays in arrival .
2.     The authorization shall be revoked in so far as it is established that the con¬
       ditions laid down therein are not sufficient to prevent the introduction of
       harmful organisms or have not been complied with .
                                      Article 3
The Member States concerned shall notify the Commission and the other Member States
of the provisions under which they make use of the authorizations granted in Ar¬
ticle 1 .
                                      Article 4
This Decision is addressed to the Kingdom of Belgium , the Grand Duchy of Luxembourg ,
and the Kingdom of the Netherlands .
   Done at                                                For the Commission
 ---pagebreak---                                       - 6 -
                                                                  ANNEX I
     Tolerances for tubers with defects applicable to Cuban quality class I
                 ( referred to in Article 1(2 ) ( k ) of this Decision
                      Type of defects                        % by number of tubers
Major defe cts
Severe mechanical damage                                               1,0
Damage caused by diseases ( scab )                                     0,5
Potato greening                                                        2,0
Wet rot                                                                0
Dry rot                                                                0,5
Minor defects
Presence of soil                                                       0,5
Slight mechanical damage                                                1,0
Damage caused by insects                                               1,0
Size off-types by transverse diameter                                   1,0
Mixing of varieties                                                    0
 ---pagebreak---                                       7
                                                               ANNEX II
                      Information required on the label
                        ( referred to in Article 1(2 ) ( l ))
1. Name of the authority issuing the label
2. Name of the exporters' organization
3. Indication " Cuban potatoes for consumption"
4. Variety
5. Province of production
6. Size
7. Declared net weight
8. Indication " In accordance with EEC requirements 1987 "
9. A mark printed or stamped on behalf of the Cuban plant protection organization .
 ---pagebreak---                                                                   ANNEXE II
Fiche d' impact de certains actes législatifs sur les PME et l' emploi
Re : doc. 660 / VI / 87
Projet d' une proposition du Conseil autorisant certains Etats membres à prévoir des
dérogations à certaines dispositions de la directive 77 / 93 / CEE du Conseil pour les
pommes de terre de consommation originaires de Cuba .
1          '                               “      -----–             1          –-"1
  1.  OBLIGATIONS ADMINISTRATIVES DECOULANT DE L' APPLICATION DE LA LEGISLATION
      POUR LES ENTREPRISES
      Néant
 2.   AVANTAGES POUR L' ENTREPRISE
             OUI .
              LESQUELLES ? Elle peut importer des pommes de terre de consommation de
              Cuba dans la mesure où l' Etat membre utilise la possibilité offerte par
              la proposition .
  3.  INCONVENIENTS POUR L' ENTREPRISE ( coût supplémentaires )
              NON
              CONSEQUENCES
  4.  EFFETS SUR L' EMPLOI
      Néant
  5.  Y A - T - IL EU CONCERTATION PREALABLE AVEC LES PARTENAIRES SOCIAUX?
              NON
             AVIS DES PARTENAIRES SOCIAUX
  6.  Y A - T - IL UNE APPROCHE ALTERNATIVE MOINS CONTRAIGNANTE ?
      Non