CELEX: 51983PC0712
Language: en
Date: 1983-11-25
Title: Proposal for a COUNCIL DECISION approving derogations provided for by Italy from certain provisions of Council Directive 77/93/EEC in respect of seed potatoes originating in Canada#Proposal for a COUNCIL DECISION approving derogations provided for by Italy from certain provisions of Council Directive 77/93/EEC in respect of seed potatoes originating in Poland (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 712
Vol. 1983/0254
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
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 ---pagebreak---       COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                                           COM( 8 3 )   712 f i n a l
                                                                                          B ru s s e ls ,     25    November        1983
                                                            P ro p o sa l    fo r     a
                                                         C O U N C IL    D E C IS IO N
                     a p p ro v in g   d e ro g a tio n s    p ro v id e d     fo r     by    I t a ly     fro m    c e rta in
                      p ro v is io n s   o f   C o u n c il   D ire c tiv e       7 7 /9 3 /E E C       in    re s p e c t  o f
                                        seed    p o ta to e s     o r ig in a tin g        in     Canada
                                                            P ro p o sa l   fo r      a
                                                         C O U N C IL    D E C IS IO N
          a p p ro v in g    d e ro g a tio n s   p ro v id e d     fo r   by     I t a ly     fro m      c e rta in     p ro v is io n s
                  o f    C o u n c il  D ire c tiv e     7 7 /9 3 /E E C     in     re s p e c t    o f    seed     p o ta to e s
                                                    o r ig in a tin g      in     P o la n d
                                (s u b m itte d    to    th e    C o u n c il   by      th e    C o m m is s io n )
C 0M (83)    712    f in a l
 ---pagebreak---                                                     EXPLANATORY               MEMORANDUM                                      c.
 Under         th e     C o m m u n ity        p la n t     h e a lth      re g im e ,        set      up       under        C o u n c il      D ire c tiv e       7 7 /9 3 /E E C ,
 Member          S ta te s       a re     n o t     a llo w e d      to     im p o rt       p o ta to e s         o r ig in a tin g         in    th ir d      c o u n trie s
 w h e re      P o ta to       s p in d le        tu b e r     v ir o id      o r    C o ry n e b a c te riu rn            s e p e d o n ic u m      is    known        to    o c c u r,
 am ongst          w h ic h       a re     Canada          and     P o la n d ,      except          by      way      o f    a   d e ro g a tio n .
  At    th e     re q u e st        o f    I t a ly ,      th e     C o m m is s io n       d re w      up      m easures           a p p ro v in g      d e ro g a tio n s
 p ro p o se d       by      I t a ly ,      p ro v id e d       th a t     a   c e rta in         number           o f    s p e c ia l,       te c h n ic a l      c o n d itio n s
 w ere      m e t.      In     d ra w in g        up     th e s e    m easures            th e      C o m m is s io n        to o k     in to     accou nt          th e    re s u lts
 o f    it s     e x a m in a tio n ,           c a rrie d       out      on    th e      b a s is      o f     th e     in fo rm a tio n          c u rr e n tly       a v a ila b le ,
 o f    th e     p la n t       h e a lth       s itu a tio n         in    th e     tw o      t h ir d       c o u n trie s        in    q u e s tio n .
  On    28     O cto b e r        1983        th e se      m easures          w ere       s u b m itte d ,           in    a c c o rd a n œ w ith           th e    p ro v is io n s
 o f    A r tic le        16      o f   D ir e c tiv e         7 7 /9 3 /E E C ,        to     th e      S ta n d in g        C o m m itte e       on    P la n t      H e a lth     fo r
  it s    o p in io n .         When       th e     q u e s tio n       was     put       to      th e     v o te ,      th e     r e p r é s e n tâ tiv e s        o f    G e rm a ny,
  Ire la n d       and      th e       U n ite d      K in g d o m      re je c te d         th e     m easures            and      th e     r e p r é s e n tâ tiv e       o f
  F ra n ce      a b s ta in e d .         The      r e p r é s e n tâ tiv e s          o f    th e      f i r s t     th re e       Member         S ta te s     c o n s id e re d
  th a t     th e    r is k       o f    in tro d u c in g          th e    tw o      h a rm fu l       o rg a n is m s         in to     I t a ly      th ro u g h      th e
  im p o rta tio n          o f     seed        p o ta to e s      o r ig in a tin g            in    Canada           o r    P o la n d     re m a in e d      to o    g re a t,
 w h ile       th e     re p re s e n ta tiv e             o f    F ra n ce      s ta te d        th a t      i t    had      not     yet      been      p o s s ib le      to
 d e fin e       h is     c o u n try 's          p o s itio n .
 The      r e p r é s e n tâ tiv e s           o f    th e     s ix    o th e r      Member           S ta te s        s u p p o rte d      th e     m easures.
 As     a   r e s u lt ,       s in c e      th e     S ta n d in g       C o m m itte e         on     P la n t       H e a lth      d id     not      adopt       a    fa v o u ra b le
o p in io n ,        th e      C o u n c il       m ust     now      g iv e     it s      v ie w     on       th e     tw o    p ro p o s a ls        fo r   a   D e c is io n .
 For      it s     p a rt      th e     C o m m is s io n        c o n s id e rs       th a t      e x p e rie n c e         o f    th e    a p p lic a tio n         o f   s im ila r
m easures            a p p ro ve d         in     re c e n t     ye a rs      d e m o n s tra te s            th a t     th e    p la n t      h e a lth     ris k s      cannot
be     h e ld      to    be      u n a c c e p ta b le         and     th a t      th e     p ro p o se d         m easures           are      th e re fo re        ju s t if ie d .
The       C o u n c il      is      in v ite d
-    to     a g re e ,      s in c e      th e     p ro g re s s       o f    th e     c u rre n t         seed       p o ta to       season         re n d e rs      th e    m a tte r
     u rg e n t,       to      rea ch        a   d e c is io n       w ith in       a    p e rio d        o f     tim e      c o rre s p o n d in g        to    th a t     w h ic h
     a p p lie s       under          th e     a c c e le ra te d        p ro c e d u re         ( c f.      A r tic le        17    o f    D ire c tiv e        7 7 /9 3 /E E C ),
     th a t     is     to      sa y,      f if t e e n      d a ys,      and      th u s      to     re d u ce        c o rre s p o n d in g ly          in    th is      case      th e
     tim e      lim it         la id      down        in    th e     second          in d e n t      o f     A r tic le        1 6 (4 )    o f    D ir e c tiv e        7 7 /9 3 /E E C ,
-    to     adopt        th e      tw o     p ro p o s a ls        fo r    a    D e c is io n .
 ---pagebreak---                                                            PROPOSAL
                                 for a Council Decision
       approving derogations provided for by Italy from certain provisions
            of Council Directive 77/93/EEC in respect of seed potatoes
                                  originating in Canada
 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 p r o d u c t s a s      last amended by Directive 8l/7/EEC^2\
 and in particular Article 14(2) thereof,
 Having regard to the communication from Italy of 23 July 1983,
 Having regard to the proposal from the Commission,
Whereas, pursuant to Directive 77/93/EEC, potato tubers originating in the
American Continent may not in principle be brought into the Community unless
their faculty of germination has been suppressed, in view of the risk of the
introduction of potato spindle tuber viroid and unless - if they originate in
a country where Corynebacterium       s e p e d o n ic u m  is know n to occur - p r o v is io n s r e c o g n iz e d as
equivalent to the Community provisions on combatting this organism have been
complied with in the country of origin;
Whereas, nevertheless, Article 14C1)(c)(iii) of the abovementioned Directive
permits Member States to provide for derogations with regard to the rule
relating to the suppression of the faculty of germination, provided that there
is no risk of harmful organisms spreading, and these derogations are subject
to approval in accordance with the provisions of Article 14(2);
Whereas in Italy the growing of potatoes of the Kennebec variety has been an
established practice; whereas part of the supply of seed potatoes of this
variety has been ensured through importations from Canada;
(1) OJ No L   26, 31.01.1977, p 20
(2) OJ No L   14, 16.01.1981, p 23
 ---pagebreak---                                                                 -   2   -
Whereas Commission Decision 81/974/EECy:>> approved derogations in
subject to certain technical conditions to prevent the risk of harmful
organisms spreading; whereas that approval                                          expired on 31 December 1982;
Whereas Italy has stated that it intends to provide for derogations also for
 the current seed potato season;
Whereas it is known that Canada is not free from potato spindle tuber viroid
or from Corynebacterium sepedonicum;
Whereas Canada has further developed its programme to eradicate these harmful
organisms in the provinces of New Brunswick and Prince Edward Island; whereas
this programme has still not yet proved fully effective;
Whereas recent information supplied by Canada has shown that there are good
reasons to believe that this programme may become fully effective soon;
whereas in particular it has at present not been established that there are
elements         which would m i l i t a t e a g a in s t th e re c o g n itio n o f th e p ro v isio n s implemented th e re as equi­
v a le n t to th e Community p ro v is io n s on combating Corynebacterium sepedonicum;
Whereas it can therefore be established that no n^-v risks have arisen and it
appears under these circumstances that the assess *ent of the risk of the
harmful organisms in question spreading, made in                                         Decision
81/974/EEC, can be confirmed, provided that certain special technical
conditions are complied with;
Whereas the derogations provided for by Italy should therefore be approved for
the current seed potato season, provided that they include those special
technical conditions,              s u b je c t.to th e p ro v isio n s o f Council D ir e c tiv e 66 /        /EEC o f 14  June 1966
on th e m arketing o f seed p o tatoes            , as la s t amended by D ir e c tiv e 81/561/EEC             ;
Whereas, however, a further extension can only be envisaged                                                if     it has been
established on the            b a sis         of a detailed technical report to be supplied by
Canada that the Canadian eradication programme has been fully effective at
least for one of the provinces concerned;
(3) OJ No L 355, 10.12.1981, p 60
(4)     OJ No 1 2 5 , 1 1 . 7 . 1 9 6 6 , p . 2 3 2 0 / 6 6
(5)     OJ No L 2 0 3 , 2 3 . 7 . 1 9 8 1 , p . 5 2
 ---pagebreak--- W h e re a s :    th e   S tanding       Com m ittee        on P l a n t     H ealth    has   not   d e liv e re d   an o p i n i o n
w ith in    the     tim e -lim it      set    by     its    chairm an,
HAS ADOPTED THIS DECISION:
                                                               Article 1
1.    Approval         is    hereby      g iv e n ,   under     th e     co n d itio n s   la id  down     in   paragraph       2 a nd
      w ith o u t p re ju d ic e t o th e p ro v is io n s o f D ir e c tiv e 66/403/E EC , to I t a l y  to p ro v id e , in
                                                                                       (c.)
       Council Directive 81/561/EEC of 13 July 1981v ', to Italy to provide, in
      accordance with Article 14(l)(c)(iii) of Directive 77/93/EEC, and in
      connection with the third indent in Annex IV, Part A (24) thereto, for
      derogations from Article 5(l) and the third indent of Article 12(l)(a) of
      that Directive as regards the requirements referred to in Annex IV,
      Part A(25), in respect of seed potatoes of the Kennebec variety,
      originating in the Canadian provinces of New Brunswick and Prince Edward
      Island.
2.    For the purposes of paragraph 1, the following conditions shall apply:
a)    The seed potatoes shall be the first direct progeny of seed potatoes of
      the categories 'Pre-elite',                          'Elite I', ‘Elite II' or 'Elite III' which
      have been produced in establishments qualified to produce seed potatoes of
      the 'Pre-elite' or 'Elite I' categories and which are either official
      establishments or officially designated and controlled for that purpose.
b)    The seed potatoes shall have been produced either in zones set up as seed
      potato production areas or in comparable areas situated in zones other
      than those designated as danger zones because of the presence of potato
      spindle tuber viroid or Corynebacterium sepedonicum.
c)    The seed potatoes shall have been certified officially as seed potatoes
      meeting at least the conditions laid down for the 'Foundation' category.
 ---pagebreak---                                      - 4 -
d) A sample shall be taken officially from each consignment intended for
    Italy and consisting of products from a single producer.  Such samples
   shall comprise approximately 1 % of the tubers in that consignment, up to a
   thousand tubers.   They shall be examined by official laboratories in order
   to detect any presence of potato spindle tuber viroid or Corynebacterium
   sepedonicum.   These examinations shall be carried out using the following
   methods:
   - as regards potato spindle tuber viroid, the PAGE-method after passage of
      the material through tomato plants, and
   - as regards Corynebacterium sepedonicum, the Angers-IF-method.
e) The plant health certificate required shall be made out only after
   confirmation that the presence of potato spindle tuber viroid or
   Corynebacterium sepedonicum could not be detected in the examinations
   referred to in d) above.   It shall also state that the conditions laid
   down in a) to d) have been complied with and shall give the name of the
   establishment as referred to in a) and of the area as referred to in b).
f) In Italy a representative sample shall be taken officially, by spot
   checks, from each of the consignments imported pursuant to this Decision,
   for official examination as described in d).   Subsamples shall be made
   available to other Member States.   The consignments concerned shall remain
   under official control and may not be marketed or used until it has been
   confirmed that the presence of potato spindle tuber viroid or
   Corynebacterium sepedonicum could not been detected in those
   examinations.   The total of         consignments imported shall not exceed
   an amount which is adequate for the abovementioned examinations,   ta k in g
   into account the facilities available for that purpose.
g)  Potatoes     grown from seed potatoes imported pursuant to this Decision
   shall not be certified as seed potatoes and shall be used only as potatoes
   for consumption in Italy.
h) Buildings, containers, packaging material, vehicles and handling, grading
   and preparation equipment which has been in contact with seed potatoes
   imported pursuant to this Decision shall at least be cleaned and
   disinfected before being brought into contact with other potatoes.
 ---pagebreak---                                    Article 2
Italy shall provide the Commission and the o ther Member  S tates before   1  June  1984
with a detailed technical report of the official examinations     referred   to  in
Article 1(2) (f).
                                   Article 3
The approval granted in Article 1 shall expire on 31 January 1984·      It shall
he revoked prior to that date if it is found that the conditions laid down in
Article 1(2) have been insufficient to prevent the introduction of the harmful
organisms in question or have not been complied with.
                                   Article 4
This Decision is addressed to the Italian Republic.
 D one a t B ru s s e ls ,                               For  the Counci l
 ---pagebreak---                                            •.PROPOSAL
                              for a Council Decision
        approving derogations provided for'by Italy from certain provisions
            of Council Directive 77/93/EEC in respect of seed potatoes
                               originating in Poland
                                   //        ,■
 THE COUNCIL OF THE EUROPEAN ÇQÎMUNITIES,     '
 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       as last amended by Directive 81/7/EEC^2 '*,
 and in particular Article 14(2) -thereof,
 Having regard to the communication from Italy of 28 September 1983,
 Having regard to the proposal from the Commission,
 Wher/*hs, pursuant to Directive 77/93/EEC, potato tubers originating in
 .y
^non-member countries where potato spindle tuber viroid has occurred may not in
 principle be brought into the Community unless their faculty of germination
 has been suppressed, in view of the risk of the introduction of potato spindle
 tuber viroid and unless - if they originate in a country where Corynebacterium sepedonicum
 is known to occur - provisions recognized as equivalent to the Community
 provisions on combatting this organism have been complied with in the country
 of origin;
 Whereas, nevertheless, Article 14(l)(c)(iii) of the abovementioned Directive
 permits Member States to provide for derogations with regard to the rule
 relating to the suppression of the faculty of germination, provided that there
 is no risk of harmful organisms spreading, and these derogations are subject
 to approval in accordance with the provisions of Article 14(2);
 (1) OJ No L   26, 31.01.1977, p 20
  (2) OJ No L  14, 16.01.1981, p 23
 ---pagebreak---                                               -  2 -
Whereas in Italy the growing of potatoes of the Majestic and Sieglinde
varieties has been an established practice; whereas part of the supply of seed
potatoes of these varieties has been ensured through importations from Poland;
Whereas Italy has stated that it intends to provide for the abovementioned
derogations in respect of seed potatoes originating in Poland;
Whereas it is known that Poland is not free from potato spindle tuber viroid
or from Corynebacterium sepedonicum;
Whereas Poland has set up a programme to eradicate these harmful organisms;
whereas this programme has not yet proved effective;
Whereas recent informatiçéfi supplied by Poland has shown that there are good
 reasons to believe that:this programme may become effective soon, at least in
parts of Poland other than the voievodships of Bydgoszcz and of Pila; whereas
in particular it haa at present not been established that there are elements which
would militate against the recognition of the provisions implemented there as equivalent to the
Community provisions on combatting Corynebacterium sepedonicum;
Whereas it ran therefore be established that no recent risks have arisen and
it appears under these circumstances that the assessment of the risk of the
harmful organisms in question spreading, made in Commission Decision
8l/974/'EECv      in respect of Canada, can be extended to the case of Poland,
provided that certain special technical conditions are complied with;
Whereas the derogations provided for by Italy should therefore be approved for
the current seed potato season, provided that they include those special
technical conditions , subject to the provisions of Council Directive 66/403/EEC of 16 June 1966
 on the marketing of seed potatoes^ , as last amended by Directive 81/561/EEC(5);
Whereas, however, a further extension can only be envisaged                  if    it has been
established through thorough technical examinations to be carried out in Poland
that the plant health situation in respect of potatoes growing in Poland
confirms the above conclusions;
(3)   OJ Wo L 355, 10.12.1981, p 60
 (4) OJ No 125, 11.7.1966, p.2320/66
 (5) OJ No L 203, 23.7.1981, p =52
 ---pagebreak---                                                - 3 -
Whereas     the Standing Committee on Plant Health has not delivered an opin.i
 within the time-limit set by its chairman,
HAS ADOPTED THIS DECISION:
                                            Article 1
  1 . Approval is hereby given, under the conditions laid down in paragraph 2 and without prejudice
      to the provisions of Directive 66/403/EEC, to Italy to provide, in
      accordance with Article 14(l)(c)(iii) of Directive 77/93/EEC, and in
      connection with the third indent in Annex IV, Part A (24) thereto, for
      derogations from Article 5 (l) and the third indent of Article 12(l)(a) of
      that Directive as regards the requirements referred to in Annex IV,
      Part A(25), in respect of seed potatoes of the Majestic and Sieglinde
      varieties, originating in parts of Poland other than the voievodships of
      Bydgoszcz and of Pila.
2.    For the purposes of paragraph 1, the following conditions shall apply:
a)    The seed potatoes shall he the first direct progeny of seed potatoes of
      the category 'Super-Elite' or of a preceding category which have been
      produced in establishments qualified to produce seed potatoes of the
      'Super-Elite' category and which are either official establishments or
      officially designated and controlled for that purpose.
b)    The seed potatoes shall have been produced either in state establishments
      or in 'closed zones' ('strefy zamkni^te').
c)    The seed potatoes shall have been certified officially as seed potatoes
     meeting at least the conditions laid down for the 'Elite' category.
(4) OJ No      125, 11.07.1966, p 2320/66
(5) OJ No L 203, 23.07.1981, p 52
 ---pagebreak---                                      - 4 -
d) A sample shall be taken officially from each consignment intended for
   Italy and consisting of products from a single producer.   Such samples
   shall comprise approximately 1$ of the tubers in that consignment, up to a
   thousand tubers.   They shall be examined by official laboratories in order
   to detect any presence of potato spindle tuber viroid or Corynebacterium
   sepedonicum.   These examinations shall be carried out using the following
   methods:
   - as regards potato spindle tuber viroid, the PAGE-method after passage of
      the material through tomato plants, and
   - as regards Corynebacterium sepedonicum, the Angers-IF-method.
e) The plant health certificate required shall be made out only after
   confirmation that the presence of potato spindle tuber viroid or
   Corynebacterium sepedonicum could not be detected in the examinations
   referred to in d) above.   It shall also state that the conditions laid
   down in a) to d) have been complied with and shall give the name of the
   establishment as referred to in a) and of the area as referred to in b).
f) In Italy a representative sample shall be taken officially, by spot
   checks, from each of the consignments imported pursuant to this Decision,
   for official examination as described in d).   Subsamples shall be made
   available to other Member States.   The consignments concerned shall remain
   under official control and may not be marketed or used until it has been
   confirmed that the presence of potato spindle tuber viroid or
   Corynebacterium sepedonicum could not been detected in those
   examinations.   The total of         consignments imported shall not exceed
   an amount which is adequate for the abovementioned examination, taking
   into account the facilities available for that purpose.
g)  Potatoes     grown from seed potatoes imported pursuant to this Decision
   shall not be certified as seed potatoes and shall be used only as potatoes
   for consumption in Italy.
 ---pagebreak--- h)  Buildings, containers, packaging material, vehicles and handling, grading
    and preparation equipment which has been in contact with seed potatoes
    imported pursuant to this Decision shall at least be cleaned and
    disinfected before being brought into contact with other potatoes.
                                   Article 2
Italy shall provide the Commission and the other Menber States before 1 June 1984
with a detailed technical report of the official examinations referred to in
Article 1(2)(f).
                                   Article 3
The approval granted in Article 1 shall expire on 31 January 1984·       It shall
be revoked prior to that date if it is found that the conditions laid down in
Article 1(2) have been insufficient to prevent the introduction of the harmful
organisms in question or have not been complied with.
                                   Article 4
This Decision is addressed to the Italian Republic.
Done at Brussels,                                              For the Council