Commission Implementing Decision of 30 July 2013 authorising Member States to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of potatoes, other than potatoes intended for planting, originating in the regions of Akkar and Bekaa of Lebanon (notified under document C(2013) 4683) (2013/413/EU)

Article 1 U.K. Authorisation to provide for derogation

By way of derogation from Article 4(1) of Directive 2000/29/EC in conjunction with point 12 of Part A of Annex III to that Directive, and from Article 5(1) of that Directive in conjunction with point 25.2 of Section I of Part A of Annex IV to that Directive, Member States may authorise the introduction into their territory of potatoes, as set out in point 12 of Part A of Annex III to that Directive, (hereinafter: ‘potatoes’) originating in the regions of Akkar or Bekaa of Lebanon, which satisfy the conditions set out in the Annex to this Decision.

Article 2 U.K. Phytosanitary certificate

The phytosanitary certificate, as set out in Article 13a(3) of Directive 2000/29/EC, shall be issued in Lebanon. It shall include under ‘Additional declaration’ the following elements:

(a)

a statement ‘In accordance with EU requirements laid down in Commission Implementing Decision 2013/413/EU’;

(b)

the number of the lot;

(c)

the name of the pest free area within the meaning of point (1) of the Annex.

Article 3 U.K. Points of entry

1. Potatoes covered by an authorisation under Article 1 may only be introduced into the Union through a point of entry, designated for such an introduction by the Member State in which the point of entry is situated.

2. The points of entry, and the name and address of the responsible official body referred to in Directive 2000/29/EC in charge of each point of entry, shall be notified by the Member State to the other Member States, the Commission and Lebanon thereof.

Article 4 U.K. Inspections by Member States

1. Samples for official examination in respect of Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al., hereinafter ‘the harmful organism concerned’, shall be taken from each lot in a consignment. Each sample shall consist of at least 200 tubers. Where a lot exceeds 25 tonnes, a sample shall be taken for each 25 tonnes and, in addition, for the remaining part of the lot.

2. The responsible official bodies shall carry out a visual examination of the samples for symptoms of the harmful organism concerned on cut tubers.

During that examination, all lots of the consignment concerned shall remain under official control and shall not be moved or used.

3. Where symptoms of the harmful organism concerned are detected during the examination referred to in paragraph 2, tests, determining whether the harmful organism concerned is present, shall be carried out in accordance with point 1.1 and points 4 to 10 of Annex I to Directive 93/85/EEC.

While those tests are carried out, all lots of the consignment concerned, and all other consignments which contain a lot originating in the same pest free area and are under the control of the responsible official body concerned, shall remain under official control, and shall not be moved or used.

4. Where the presence of the harmful organism concerned is confirmed in a sample in accordance with paragraph 3, there shall be retention and appropriate conservation of any remaining potato extract and the lot concerned shall not be introduced into the Union.

All remaining lots referred to in the second subparagraph of paragraph 3 shall be tested in accordance with point 1.1 and points 4 to 10 of Annex I to Directive 93/85/EEC.

5. As regards lots for which no symptoms of the harmful organism concerned are detected in the samples during the examination referred to in paragraph 2, tests for latent infection shall be carried out on all of the lots in accordance with point 1.2 and points 3 to 10 of Annex I to Directive 93/85/EEC.

During that testing that lot shall remain under official control and shall not be moved or used.

Where the presence of the harmful organism concerned is confirmed in a sample as referred to in the first subparagraph, there shall be retention and appropriate conservation of any remaining potato extract and the lot concerned shall not be introduced into the Union.

Article 5 U.K. Notification of suspect or confirmed findings

1. Member States shall immediately notify the Commission and Lebanon of the cases where the presence of the harmful organism concerned is suspected as a result of the rapid screening test, as referred to in point 1.1 of Annex I to Directive 93/85/EEC, or the screening test as referred to in point 1.2 of Annex I to that Directive.

2. Member States shall immediately notify the Commission and Lebanon of the cases where the presence of the harmful organism concerned is confirmed in accordance with points 1.1 and 1.2 of Annex I to Directive 93/85/EEC.

Article 6 U.K. Labelling

1. The potatoes shall only be introduced into and moved within the Union with a label, in one of the official languages of the Union, including the following elements:

(a) an indication that they originate in Lebanon;

(b) the name of the pest free area;

(c) the name and the identification number of the producer;

(d) the number of the lot.

2. The label referred to in paragraph 1 shall be issued under the control of the Lebanese plant protection organisation.

Article 7 U.K. Disposal of waste

The waste resulting from packaging or processing of the potatoes in the Union shall be disposed of in such a manner to ensure that the harmful organism concerned cannot establish and spread.

Article 8 U.K. Notification obligations of importers

1. The importer shall, sufficiently in advance, notify the responsible official body of the point of entry in the Member State concerned of its intention to introduce a consignment.

2. The notification referred to in paragraph 1 shall include the following elements:

(a) quantity of the consignment(s) concerned;

(b) date of intended introduction;

(c) name and address of importer.

Article 9 U.K. Reporting on imports

The Member State of importation shall provide the Commission and the other Member States, by 31 January of each year, with information on the amounts, indicating lots, consignments and tonnes, imported pursuant to this Decision between 1 January of the preceding year and 31 December of the preceding year.

Article 10 U.K. Review

The Commission shall review this Decision by 31 October 2014.

Article 11 U.K. Expiry date

This Decision shall expire on [F1 31 October 2018].

Textual Amendments

F1 Substituted by Commission Implementing Decision (EU) 2015/2057 of 13 November 2015 extending the period of application of Implementing Decision 2013/413/EU authorising Member States to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of potatoes, other than potatoes intended for planting, originating in the regions of Akkar and Bekaa of Lebanon (notified under document C(2015) 7793).

Article 12 U.K. Addressees

This Decision is addressed to the Member States.