2.12.2011 EN Official Journal of the European Union L 319/112
COMMISSION IMPLEMENTING DECISION
of 29 November 2011
authorising Member States temporarily to take emergency measures against the dissemination of Ralstonia solanacearum (Smith) Yabuuchi et al. as regards Egypt
(notified under document C(2011) 8618)
(2011/787/EU)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
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 and against their spread within the Community (1), and in particular Article 16(3) thereof,
Whereas:
(1) Ralstonia solanacearum (Smith) Yabuuchi et al. (also known as Pseudomonas solanacearum (Smith) Smith) is an organism harmful to tubers of Solanum tuberosum L. and as such is subject to measures provided for by Directive 2000/29/EC and Council Directive 98/57/EC of 20 July 1998 on the control of Ralstonia solanacearum (Smith) Yabuuchi et al (2).
(2) Following interceptions in the Union of Ralstonia solanacearum (Smith) Yabuuchi et al. on tubers of Solanum tuberosum L. originating in Egypt, the Commission adopted Decision 2004/4/EC of 22 December 2003 authorising Member States temporarily to take emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt (3). That Decision prohibited the entry into the Union of tubers of Solanum tuberosum L. originating in Egypt unless certain requirements were complied with.
(3) During the last years further interceptions of Ralstonia solanacearum (Smith) Yabuuchi et al. have occurred on tubers of Solanum tuberosum L. originating in Egypt. Therefore, emergency measures against the dissemination of the harmful organism concerned should continue to be in place with regard to the entry into the Union of tubers of Solanum tuberosum L. originating in Egypt.
(4) However, those emergency measures should be adapted to respond to a situation which has improved as a result of actions taken by Egypt, in particular a new control regime for the production and export of tubers of Solanum tuberosum L. to the Union presented by Egypt. In addition, during the 2010/2011 import season no interception of Ralstonia solanacearum (Smith) Yabuuchi et al. has been recorded in the Union.
(5) Therefore, the entry into the Union of tubers of Solanum tuberosum L. originating in Egypt should be permitted if they have been grown in certain areas established by Egypt in accordance with the relevant international standards. The Commission should convey the list of those areas, submitted by Egypt, to the Member States to allow them to carry out import controls and to enable traceability of consignments. Provision should be made for updating that list in the case of an interception of Ralstonia solanacearum (Smith) Yabuuchi et al. In addition, the Union control requirements for the import of tubers of Solanum tuberosum L. originating in Egypt should be limited to an intensive inspection regime at the arrival of those tubers in the Union.
(6) Member States should provide the Commission and the other Member States after every import season with detailed information on the imports made in order that the application of this Decision to be assessed.
(7) In the interest of clarity and rationality, Decision 2004/4/EC should therefore be repealed and replaced by this Decision.
(8) It is necessary to provide for the possibility to review this Decision.
(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
Pest-free areas
1.   The entry into the territory of the Union of tubers of Solanum tuberosum L. which originate in Egypt shall be permitted if they have been grown in areas included in the list of pest-free areas referred to in paragraph 2 and if the requirements laid down in the Annex are complied with.
2.   The Commission shall convey to the Member States a list of pest-free areas submitted by Egypt before each import season and which contains the pest-free areas established in accordance with the ‘FAO International Standard for Phytosanitary Measures No 4: Pest Surveillance — Requirements for the Establishment of Pest-Free Areas’.
3.   When an interception of Ralstonia solanacearum (Smith) Yabuuchi et al. is notified to the Commission and Egypt, the area in which the intercepted tubers of Solanum tuberosum L. originate shall be excluded from the list of pest-free areas, referred to in paragraph 2, pending the outcome of investigations carried out by Egypt. The Commission shall convey to the Member States the results of those investigations and, if relevant, an updated list of pest-free areas, as submitted by Egypt.
Submission of information and notifications
1.   The importing Member States shall submit to the Commission and the other Member States, each year before 31 August, information on the amounts imported under this Decision during the previous import season, a detailed technical report on the inspections referred to in point 4 of the Annex and testing on latent infection referred to in point 5 of the Annex and copies of all official phytosanitary certificates.
2.   When Member States notify to the Commission a suspect or confirmed finding of Ralstonia solanacearum (Smith) Yabuuchi et al. in accordance with point 6 of the Annex, that notification shall be accompanied by copies of the relevant official phytosanitary certificates and their attached documents.
3.   The notification referred to in paragraph 2 shall cover only the consignment, where it is composed of lots which all have the same provenance.
Repeal
Decision 2004/4/EC is repealed.
Review
The Commission shall review this Decision by 30 September 2012.
Addressees
This Decision is addressed to the Member States.