Introductory text

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^f1, and in particular the first indent of Article 15(1) thereof,

Whereas:

In accordance with Article 4(1) of Directive 2000/29/EC in conjunction with point 12 of Part A of Annex III thereto, Member States shall ban the introduction into the Union of potatoes, other than potatoes intended for planting, originating in Lebanon. Pursuant to Article 15(1) of that Directive derogations from that ban may, however, be provided for if there is no risk of spreading harmful organisms.

In accordance with Article 5(1) of Directive 2000/29/EC in conjunction with point 25.2 of Section I of Part A of Annex IV thereto, Member States shall ban the introduction into the Union of potatoes unless they originate in countries known to be free from Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. hereinafter ‘the harmful organism concerned’, or applying provisions recognised as equivalent to the Union provisions for combatting that organism. Lebanon fulfils neither of those conditions. Pursuant to Article 15(1) of that Directive derogations from that ban may, however, be provided for if there is no risk of spreading harmful organisms.

Information supplied by Lebanon and collected in the country during a mission carried out in March 2006 by the Food and Veterinary Office, and subsequent information provided by Lebanon, has shown that potatoes, other than potatoes intended for planting, originating from the regions of Akkar and Bekaa are grown under adequate phytosanitary conditions.

Therefore, the introduction into the Union of potatoes, other than potatoes intended for planting, originating in the regions of Akkar and Bekaa in Lebanon should be permitted provided they satisfy conditions ensuring that the harmful organism concerned is not present on potatoes when they are introduced into the Union territory. Those conditions should concern the production in areas free from the harmful organism concerned, conduct of surveys of those areas, production from certified seed potatoes, handling, storage, packaging and preparation requirements.

The potatoes should be introduced into the Union through designated points of entry, to ensure effective controls and reduction of any phytosanitary risk.

Inspection requirements should be set out to ensure control of the phytosanitary risk. It should be laid down that sampling and testing is to be carried out in accordance with the existing test scheme established by Council Directive 93/85/EEC of 4 October 1993 on the control of potato ring rot^f2.

The potatoes should only be introduced and moved within the Union if they are appropriately labelled to indicate the Lebanese origin and other relevant information, with the aim of preventing the potatoes from being planted and to ensure identification and traceability of the potatoes.

Member States should, after every import season, provide the Commission and the other Member States with information on the imports made, in order that the application of this Decision can be assessed.

The derogation should be for a limited period.

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

HAS ADOPTED THIS DECISION: