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30.11.2011 Official
Journal
of
the
European
Union L
317/37
COMMISSION IMPLEMENTING DECISION
of 28 November 2011
authorising certain Member States to provide for temporary derogations from certain provisions of
Council Directive 2000/29/EC in respect of seed potatoes originating in certain provinces of Canada
(notified under document C(2011) 8633)
(Only the Greek, Italian, Maltese, Portuguese and Spanish texts are authentic)
(2011/778/EU)
THE EUROPEAN COMMISSION,
(5) Recent
notifications
under
Directive
2000/29/EC
have
shown the first findings of Epitrix similaris in the
Union, namely in Portugal and in one region of Spain.
Having regard to the Treaty on the Functioning of the European
A subsequent pest risk analysis for Epitrix spp. has
Union,
demonstrated that some Epitrix species cause damage to
potato tubers (Epitrix cucumeris, Epitrix similaris, Epitrix
subcrinita and Epitrix tuberis). It also showed that some
Having regard to Council Directive 2000/29/EC of 8 May 2000
Epitrix species are known to occur in Canada.
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
(6) Given
the
unchanged
situation
with
regard
to
potato
particular Article 15(1) thereof,
spindle tuber viroid and Clavibacter michiganensis and in
spite of the presence of Epitrix spp. in Canada, the
authorisation to provide for derogations remains justified.
Whereas:
Provisions should, however, be included concerning
Epitrix species which damage potato tubers.
(1) Under
Directive
2000/29/EC,
seed
potatoes
originating
on the American continent are not to be introduced
into the Union. However, that Directive permits
(7) The
measures
provided
for
in
this
Decision
are
in
derogations from that rule, provided that there is no
accordance with the opinion of the Standing
risk of spreading harmful organisms.
Committee on Plant Health,
(2) Commission
Decision
2003/61/EC
of
27
January
2003 HAS ADOPTED THIS DECISION:
authorising certain Member States to provide for
temporary derogations from certain provisions of
Council Directive 2000/29/EC in respect of seed
potatoes originating in certain provinces of Canada (
Article 1

2 )
has been substantially amended several times. Since
1. Greece,
Spain,
Italy,
Cyprus,
Malta
and
Portugal
are
Portugal has asked for a further extension of those
authorised to provide for derogations from:
derogations and other amendments are to be made,
that Decision should be replaced.
(a) Article 4(1) of Directive 2000/29/EC, as regards the
(3) Canada
is
currently
considered
to
be
free
from
potato
prohibition referred to in point 10 of Part A of Annex III
spindle tuber viroid but it is still not completely free
to that Directive;
from Clavibacter michiganensis (Smith) Davis et al. ssp.
sepedonicus (Spieckermann et Kotthoff) Davis et al.
(‘Clavibacter michiganensis’).
(b) Article 5(1) of Directive 2000/29/EC and the third indent of
Article 13(1)(i) of that Directive, as regards the special
requirements referred to in points 25.2 and 25.3 of
(4) Information
supplied
by
Canada
has
shown
that
it
has
Section I of Part A of Annex IV to that Directive.
developed its programme to eradicate Clavibacter
michiganensis in the provinces of New Brunswick and
Prince Edward Island and it can reasonably be assumed
that the eradication programme is effective in certain
2.
The authorisation to provide for derogations referred to in
areas of those provinces. It can therefore be established
paragraph 1 shall apply:
that there is no risk of Clavibacter michiganensis spreading,
provided that certain technical conditions are complied
with.
(a) to seed potatoes of the varieties ‘Atlantic’, ‘Donna’,
‘Kennebec’, ‘Russet Burbank’, ‘Sebago’ and ‘Shepody’,
( 1 ) OJ L 169, 10.7.2000, p. 1.
originating in the provinces of New Brunswick and Prince
( 2 ) OJ L 23, 28.1.2003, p. 31.
Edward Island in Canada (‘the seed potatoes’);

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L 317/38
EN
Official Journal of the European Union
30.11.2011
(b) to seed potatoes that satisfy the conditions provided for in
area and on potatoes harvested there, including appropriate
Articles 2 to 13 in addition to the requirements laid down
laboratory testing, and have not shown any positive finding,
in Annexes I, II and IV to Directive 2000/29/EC;
or any other element which could militate against the
declaration of the area as pest free.
(c) for the potato-marketing seasons from 1 December to 31
March each year until 31 March 2014.
7. Immediately
prior
to
export,
during
appropriate
official
examination, seed potatoes shall have been found free from
Epitrix cucumeris, Epitrix similaris, Epitrix subcrinita and Epitrix
tuberis and from any of their symptoms and from soil.
Article 2
1. In the provinces of New Brunswick or Prince Edward
8. Legislative,
administrative
or
other
arrangements
shall
Island, the seed potatoes shall have been produced in fields
have been made to ensure that:
located in an area that, irrespective of whether the fields are
operated by potato producers inside or outside that area, meets
the conditions set out in paragraphs 2 to 9
(a) no potatoes from areas of Canada other than those declared
free from potato spindle tuber viroid and from Clavibacter
michiganensis, or from countries where these harmful
2. The
area
shall
have
been
officially
declared
by
the
organisms are known to occur, can be introduced into
Canadian Food Inspection Agency, to be free from potato
the area;
spindle tuber viroid and from Clavibacter michiganensis (Smith)
Davis et al. ssp. sepedonicus (Spieckermann et Kotthoff) Davis et
al. (‘Clavibacter michiganensis’).
(b) neither potatoes originating in the area nor any containers,
packaging material, vehicles and handling, grading and
preparation equipment used in that area can be brought
into contact with potatoes originating in areas other than
As regards Epitrix cucumeris, Epitrix similaris, Epitrix subcrinita and
those declared pest free, or containers, packaging material,
Epitrix tuberis, seed potatoes shall have been brushed to
vehicles and handling, grading and preparation equipment
physically remove any of those harmful organisms, if present,
used in areas other than those declared pest free.
and render the tubers free of soil.
9. Prior
to
the
introduction
of
the
seed
potatoes
into
the
3. The
area
shall
either,
Union, the Canadian Food Inspection Agency shall provide
the Commission with a complete list of the areas declared as
free from the harmful organisms referred to in paragraph 2,
(a) consist of fields owned or rented by at least three distinct
supported by a technical report, updated each year, on the
potato producers; or
phytosanitary status of seed potato production in the previous
year.
(b) cover a surface of at least four square kilometres,
Article 3
surrounded entirely by water or by fields where the
harmful organisms referred to in paragraph 2 have not
The seed potatoes shall be certified officially by the relevant
been found within the previous three years.
Canadian authorities as seed potatoes meeting at least the
conditions laid down for the ‘Foundation’ category.
4. All potatoes produced in the area shall be the first direct
Article 4
progeny of seed potatoes of the category ‘Pre-elite’, ‘Elite I’, ‘Elite
II’, ‘Elite III’ or ‘Elite IV’ which were produced in establishments
1. Samples of at least 200 seed potato tubers per lot of 25
qualified to produce seed potatoes of the ‘Pre-elite’ or ‘Elite I’
tonnes or less shall be taken officially in respect of each lot
categories and which are either official establishments or
intended for export to the Union.
establishments officially designated and controlled for that
purpose.
2. A lot shall consist only of seed potato tubers of one single
variety and class which have been produced on one single
establishment and with the same reference number.
5. The
surface
allocated
for
the
production
of
seed
potatoes
that are not finally certified as seed potatoes shall not exceed
one fifth of the total area allocated for certification.
3. The
samples
shall
be
examined
by
official
laboratories
in
order to detect any presence of Clavibacter michiganensis. The
examinations shall be carried out on the entire sample, using
6. Systematic
and
representative
annual
surveys
shall
have the method for the detection and diagnosis of Clavibacter
been carried out by the relevant official Canadian authorities
michiganensis in batches of seed potato tubers as laid down in
over at least the previous five years under appropriate
Council Directive 93/85/EEC ( 1 ).
conditions for the detection of potato spindle tuber viroid
and Clavibacter michiganensis, on all potato fields located in the
( 1 ) OJ L 259, 18.10.1993, p. 1.

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EN
30.11.2011 Official
Journal
of
the
European
Union L
317/39
Article 5
(c) the relevant seed potato certification lot numbers;
Seed potatoes intended to be exported to the Union shall have
been subject to legislative, administrative or other arrangements
to ensure:
(d) the name of the area referred to in Article 2;
(a) direct supervision and control by the Canadian Food
(e) the name of the establishment referred to in Article 2(4);
Inspection Agency of:
and
(i) the sampling process, i.e. the collection, tagging and
(f) the number of bags.
sealing;
3. The phytosanitary certificate shall mention, under
‘Distinguishing marks’, the colour code corresponding to a
(ii) the labelling system through appropriate label
specified importer in the importing Member State, as well as
accountability procedures, so that for each lot of seed
the details of the numbered label used for each lot of seed
potatoes within each consignment shipped to the
potatoes within each consignment.
Union a numbered label is used and stitched on the
bags separately from the certification labels;
4. Documents
attached
to
the
phytosanitary
certificate,
as
an
integral part of the certificate, shall relate precisely to that
(iii) the relevant colour code corresponding to a specified
certificate in both description and quantity of the seed potatoes.
importer in the importing Member State;
Article 7
(b) that at the time of loading the vessel, two sealed bags of
seed potatoes of each lot shipped to the Union are kept
1. Prior
to
introduction
into
the
Union,
the
importer
shall
aside and stored under the supervision and control of the
provide advance notification of each introduction of a
Canadian Food Inspection Agency, at least until the results
consignment sufficiently in advance to the responsible official
of the examinations referred to in Article 10 are completed;
bodies in the Member State concerned, as referred to in
Article 2(1)(g) of Directive 2000/29/EC, giving details of the
following:
(c) that the lots are kept isolated in all operations including
transport, at least until delivery to the premises of the
importers referred to in Article 7.
(a) the variety of the seed potatoes;
(b) the quantity;
Article 6
1. The
phytosanitary
certificate
required
shall
be
made
out
separately for each consignment and only if it has been estab
(c) the declared date of import;
lished by the scientists involved that the examinations referred
to in Article 4 did not give rise to suspicions or to the detection
of the presence of Clavibacter michiganensis in the consignment
and that, in particular, the IF testing was shown to be negative.
(d) the names and addresses of the premises of the importers of
the seed potatoes, and producers, or collective warehouses,
or dispatching centres listed in accordance with Article 1 of
Commission Directive 93/50/EEC ( 1 ).
2. The
phytosanitary
certificate
shall
contain
the
following
information under ‘Additional declaration’:
The Member State concerned shall, without delay, convey those
details and any subsequent modifications thereto to the
(a) confirmation of compliance with the conditions laid down
Commission.
in Articles 2, 3 and 4 including, where the second
subparagraph of Article 2(2) applies, express confirmation
that the seed potatoes have been brushed in accordance
2. At the time of introduction, the importer shall provide
with that provision;
confirmation of the details contained in the advance notification
referred to in paragraph 1 to the responsible official bodies in
the Member State concerned.
(b) the name of the establishment or establishments that have
produced the lots of seed potato;
( 1 ) OJ L 205, 17.8.1993, p. 22.

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L 317/40
EN
Official Journal of the European Union
30.11.2011
Article 8
colour coding, the numbered labels and the destinations for
planting at premises listed in accordance with Article 1 of
The seed potatoes may only be introduced into the Union via
Directive 93/50/EEC.
the following ports:
(a) Aveiro;
Article 10
1. The
responsible
official
bodies
of
the
importing
Member
(b) Lisbon;
States shall take a sample of at least 200 tubers per lot of 25
tonnes or less from each of the non-bulk lots of seed potatoes
intended to be imported pursuant to this Decision for official
(c) Porto;
examination in respect of Clavibacter michiganensis in accordance
with the method for the detection and diagnosis of Clavibacter
michiganensis as laid down in Directive 93/85/EEC.
(d) Genoa;
(e) La Spezia;
2. The lots of seed potatoes shall remain isolated and under
official control and shall not be marketed or used until it has
been established that the presence of Clavibacter michiganensis
(f) Livorno;
was not suspected or detected in the examinations referred to
in paragraph 1. The quantities imported shall not exceed an
amount which is adequate for the examinations, taking into
(g) Naples;
account the facilities available for that purpose.
(h) Ravenna;
3. The
samples
referred
to
in
paragraph
1
shall
be
kept
available for subsequent examination by other Member States.
(i) Salerno;
The responsible official bodies of a Member State making use of
this derogation shall, by 15 April of each calendar year in which
importation takes place, inform the Commission, with a view to
(j) Savona;
organising that examination and the recording thereof.
(k) Lemesos;
4. For Epitrix cucumeris, Epitrix similaris, Epitrix subcrinita and
Epitrix tuberis, each consignment shall be inspected to confirm
(l) Larnaca;
that the seed potatoes are free from those harmful organisms,
from any of their symptoms and from soil.
(m) Marsaxlokk;
Article 11
(n) Valletta;
The seed potatoes shall be planted only at premises within the
Member State of import, for which it is possible to trace the
(o) Sines;
names and addresses of the premises concerned. However, this
restriction shall not apply in the case of final users planting the
imported seed potatoes or for users who sell only onto the local
(p) Piraeus.
market.
Article 9
For those premises, the potatoes grown from such seed potatoes
The inspections required pursuant to the Article 13(1) of
shall be packaged and labelled accordingly and shall bear the
Directive 2000/29/EC shall be made by responsible official
number of the premises listed in accordance with Directive
bodies.
93/50/EEC, as well as the Canadian origin of the seed
potatoes used. Such potatoes may be moved within the
Member States, only after approval by the responsible official
The Commission shall determine to which extent the
bodies taking into account the results of the inspection referred
inspections referred to in the third indent of Article 21(3) of
to in Article 12.
that Directive are to be integrated into the inspection
programme in accordance with the fifth subparagraph of
Article 21(5) of that Directive.
Article 12
In the growing period following introduction, a suitable
The responsible official bodies and, as appropriate, the experts
proportion of the plants shall be inspected by the responsible
referred to in the first subparagraph of Article 21(1) shall check
official bodies, at appropriate times, at the premises listed in
the premises of the importers to confirm details of the
accordance with Directive 93/50/EEC or the premises referred
quantities of seed potatoes imported from Canada, the
to in Article 11.

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EN
30.11.2011 Official
Journal
of
the
European
Union L
317/41
Article 13
Article 15
Potatoes grown from seed potatoes introduced pursuant to this
The authorisation to provide for derogations referred to in
Decision:
Article 1 shall be revoked prior to 31 March 2014 if:
(a) shall not be certified as seed potatoes; and
(a) the provisions laid down in Articles 2 to 13:
(b) shall only be used as potatoes for consumption.
(i) are shown to be insufficient to prevent the introduction
into the Union of the harmful organisms referred to in
Article 14
Article 2 or
The Member States of importation shall inform the other
Member States and the Commission by means of the advance
notification referred to in Article 7(1) of any use of the
(ii) have not been complied with;
authorisation to provide derogations pursuant to this Decision.
(b) there are elements which would militate against the proper
The Member State of importation shall provide the Commission
functioning of the ‘pest free area’ concept in Canada.
and the other Member States, before 1 June of each calendar
year in which importation takes place, with information on the
amounts (lots of seed potatoes/consignments) imported
Article 16
pursuant to this Decision and with a detailed technical report
on the official examination referred to in Article 10.
This Decision is addressed to the Hellenic Republic, the
Kingdom of Spain, the Italian Republic, the Republic of
Cyprus, the Republic of Malta and the Portuguese Republic.
In those cases where Member States have made official
examinations on the samples referred to in Article 10, the
detailed technical reports of such examinations shall be
Done at Brussels, 28 November 2011.
submitted to the other Member States and the Commission
before 1 June of each calendar year.
For the Commission
Copies of each phytosanitary certificate shall be transmitted to
John DALLI
the Commission.
Member of the Commission

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