Commission Implementing Decision 2011/778/EU

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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^note, and in particular Article 15(1) thereof,Whereas:

(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 derogations from that rule, provided that there is no risk of spreading harmful organisms.

(2)Commission Decision 2003/61/EC of 27 January 2003 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^note has been substantially amended several times. Since Portugal has asked for a further extension of those derogations and other amendments are to be made, that Decision should be replaced.

(3)Canada is currently considered to be free from potato spindle tuber viroid but it is still not completely free from Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckermann et Kotthoff) Davis et al. (‘Clavibacter michiganensis’).

(4)Information supplied by Canada has shown that it has 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 areas of those provinces. It can therefore be established that there is no risk of Clavibacter michiganensis spreading, provided that certain technical conditions are complied with.

(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. A subsequent pest risk analysis for Epitrix spp. has demonstrated that some Epitrix species cause damage to potato tubers (Epitrix cucumeris, Epitrix similaris, Epitrix subcrinita and Epitrix tuberis). It also showed that some Epitrix species are known to occur in Canada.

(6)Given the unchanged situation with regard to potato 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. Provisions should, however, be included concerning Epitrix species which damage potato tubers.

(7)The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,

HAS ADOPTED THIS DECISION:

Commission Implementing Decision 2011/778/EU

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