Commission Decision of 28 January 2003 authorising Member States to provide for temporary derogations from Council Directive 2000/29/EC in respect of potatoes, other than potatoes intended for planting, originating in certain provinces of Cuba (notified under document number C(2003) 338) (2003/63/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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⁾, as last amended by Directive 2002/89/EC⁽²⁾, and in particular Article 15(1) thereof,

Having regard to the request made by the United Kingdom,

Whereas:

Under Directive 2000/29/EC, potatoes, other than potatoes intended for planting, originating in Cuba, may in principle not be introduced into the Community. However, that Directive permits derogations from that rule, provided that there is no risk of spreading harmful organisms.
The early growing in Cuba of potatoes, other than potatoes intended for planting, from seed potatoes supplied by Member States has become an established practice. Part of the early supply of potatoes in the Community has been ensured by imports of such potatoes from Cuba.
Since 1987 by a succession of Decisions, the most recent being Commission Decision 2001/99/EC⁽³⁾, derogations from certain provisions of Directive 2000/29/EC, in respect of potatoes, other than potatoes intended for planting, originating in certain provinces of Cuba, have been authorised for limited periods and subject to specific conditions.
The circumstances justifying those derogations are still valid. There is no new information giving cause for revision of the specific conditions.
The Member States should therefore be authorised to grant derogations, for certain limited periods and subject to specific conditions.
That authorisation to grant derogations should be terminated if it is established that the specific conditions laid down in this Decision are not sufficient to prevent the introduction of harmful organisms into the Community or have not been complied with.
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,

HAS ADOPTED THIS DECISION:

Article 1

By derogation from Article 4(1) of Directive 2000/29/EC with regard to the prohibitions referred to in Part A, point 12 of Annex III, Member States may permit the introduction into their territory of potatoes, other than potatoes intended for planting, originating in Cuba, under the conditions laid down in the Annex to this Decision.

Article 2

The Member States of importation shall inform the other Member States and the Commission by means of the notification referred to in point 2(b) of the Annex of any use made of the authorisation provided for in Article 1.

The Member States of importation shall provide the Commission and the other Member States, before 1 September of each calendar year in which importation takes place, with the information on the quantities imported pursuant to this Decision and with a detailed technical report of the official examination referred to in point 2(f) of the Annex. Copies of each phytosanitary certificate shall be transmitted to the Commission.

Article 3

Article 1 shall apply to potatoes, other than potatoes intended for planting, that are introduced into Community, in the periods:

between 1 January and 31 May 2006;
between 1 January and 31 May 2007;
between 1 January and 31 May 2008.

Article 4

This Decision is addressed to the Member States.