CELEX: 51990PC0134
Language: en
Date: 1990-04-18
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 66/403/EEC ON THE MARKETING OF SEED POTATOES

COMMISSION OF THE EUROPEAN COMMUNITIES
                                            C0MC90) 134 final
                                            Brussels, 18 April 1990
                            Proposal for a
                          COUNCIL DIRECTIVE
  amending Directive 66/403/EEC on the marketing of seed potatoes
                    (presented by the Commission)
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                           EXPLANATORY NOTE
 1. Council Directive 66/403/EEC on the marketing of seed potatoes
     lays down Community standards for seed potatoes marketed
    within the Community. As a result of modern advanoes in
     propagation techniques, however, seed potatoes are now being
     produced, in particular by mioropropagation, for which these
     standards are no longer appropriate. The first element of this
    proposal would therefore add to the Directive provision for a
    Community procedure to determine what marketing standards
     should apply to seed potatoes produced by micropropagation.
 2. Under the Community plant health regime, the importation of
     seed potatoes into the Community from Canada and Poland is in
    principle prohibited. The Commission has recently adopted two
    Decisions approving derogations from that prohibition. The
    derogations authorise the importation of seed potatoes of
    certain varieties from Canada and Poland into Greeoe, Italy
    and Portugal, subject to certain conditions. However, to be
    fully effective these plant health derogations need to be
    supplemented by seed equivalence measures under the seed
    potato marketing Directive. There is at present no Community
    determination of the equivalence of seed potatoes produced in
    third countries, but Member States were authorized to extend
    until 31 Maroh 1989 the validity of seed equivalence decisions
    taken at national level. The seoond element of this proposal
    would authorize Member States to extend the validity of these
    national decisions until 31 March 1990, to cover shipping of
    seed potatoes under the plant health derogations referred to
   above. At the same time, the proposal would institute a
   Community procedure for future extensions of this date.
3. The proposal would have little or no Impact on small or
   medium-sized enterprises.
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                              Proposal for a
                            COUNCIL DIRECTIVE
    amending Directive 66/403/EEC on the marketing of seed potatoes
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having  regard  to   the  Treaty    establishing  the European  Economic
Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas Council Directive 66/403/EEC (3), as last amended by Directive
89/366/EEC (4), lays down Community     rules for seed potatoes marketed
within the Community;
Whereas, In the light of modern advances In propagation techniques, it
is appropriate to lay down a Community procedure for the establishment
of specific rules applicable to the marketing of seed potatoes produced
by techniques involving micro-propagation;
(1) OJ No C ...
(2) OJ No C ...
(3) OJ No 125, 11.7.1966, p. 2320/66.
(4) OJ No L 159, 10.6.1989, p. 59.
 ---pagebreak---                                         4 -
Whereas Directive 66/403/EEC also provides in Article 15(2) that, after
certain dates, Member States may no longer determine for            themselves
whether seed potatoes harvested        in third countries are equivalent     to
seed   potatoes    harvested   in  the   Community  and  complying   with   the
Directive;
Whereas, however, since work to establish Community equivalence for all
the third countries concerned had not been completed, Article 15(2a) of
Directive 66/403/EEC author Ised Member States to extend until 31 March
1989 the period of validity of equivalences which           they had already
determined In respect of certain countries not covered by the Community
equivalences;
Whereas the said work is still incomplete and the authorisation granted
to Member States by Article 15(2a) should accordingly be extended;
Whereas,    to   expedite   Community    decision-making   in  this   area,   a
Community procedure should be laid down for future extensions of this
authorisation,
HAS ADOPTED THIS DIRECTIVE:
                                   Article 1
Directive 66/403/EEC is amended as follows:
1.   The following paragraph is added to Article 3:
     "4. For seed potatoes produced by micro-propagation techniques and
         not   meeting   the  size   requirements   of  this  Directive,    the
         following may be determined       In accordance with the procedure
         laid down In Ar11cIe 19:
 ---pagebreak---                                    - 5 -
            derogations from specific provisions of this Directive,
             the conditions applicable to such seed potatoes,
             the designations applicable to such seed potatoes."
2.  Article 15(2a) is replaced by the following:
    "2a Member States are hereby authorised to extend until 31 March
        1990   the  validity  of   decisions     taken  in  accordance    with
        paragraph 2, it being understood that these decisions may only
        be used in accordance with Member States' obligations under the
        common rules on plant health       laid down by Council     Directive
        77/93/EEC.
        The date in the first subparagraph may be extended for third
        countries,   in  accordance   with    the  procedure   laid  down   in
        Article 19,    if the available     Information does not permit a
        determination according to paragraph 1 and for as long as It
        does not permit such a determination."
                                 Article 2
This Directive is addressed to the Member States.
Done at                                            For the Council
 ---pagebreak---                            - 6-
Déclaration d/Impact sur les petites et moyennes entreprises
Les dispositions de la proposition concernant les plants de pomme
de terre produits par micropropagation prévoient simplement une
hase Juridique qui permettra À la Commission d'établir des règles
spécifiques applicables à la commercialisation de tels plants.
Elles n'auraient aucun impact sur les petites ou moyennes
entreprises.
Les dispositions concernant 1'équivalence des plants de pomme de
terre profiteront aux petites et moyennes entreprises grecques,
italiennes ou portugaises qui veulent importer des plants de
pomme de terre du Canada ou de la Pologne, mais la volume des
échanges sera vraisemblablement très petite.
Il est considéré que la proposition, vue dans son ensemble,
n'aura guère ou peu d'impact sur les petites et moyennes
entreprises.
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                                                                     ISSN 02S4-1475
                                                              COM(90) 134 final
                                                      DOCUMENTS
EN                                                                          03 i l
                                 Catalogue number : CB-CO-90-152-EN-C
                                                             ISBN 92-77-59369-5
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