Council Directive 98/57/ECShow full title

Article 5 U.K.

1. If official or officially supervised laboratory testing, using, for the listed plant material, the relevant method set out in Annex II or, in all other cases, any other officially approved method, confirms the presence of the organism in a sample taken pursuant to this Directive, the responsible official bodies of a Member State, having regard to sound scientific principles, the biology of the organism and the particular production, marketing and processing systems of the host plants of the organism in that Member State, shall:

(a) for the listed plant material;

(i)

establish an investigation to determine the extent and primary source(s) of the contamination in accordance with the provisions of Annex IV, with further testing in accordance with Article 4(1), on, at least, all clonally related seed potato stocks, and,

(ii)

designate as contaminated the listed plant material, consignment and/or lot from which the sample was taken, and the machinery, vehicle, vessel, store, or units thereof, and any other objects including packaging material which have been in contact with the listed plant material from which the sample was taken; also designate as contaminated, where appropriate, the field(s), unit(s) of protected crop production and place(s) of production from which the listed plant material was harvested and from which the sample was taken; and for those samples taken in the growing season, designate as contaminated the field(s), place(s) of production, and, where appropriate, unit(s) of protected crop production from which the sample was taken, and,

(iii)

determine, in accordance with the provisions of point 1 of Annex V, the extent of probable contamination through pre- or post-harvest contact, through production, irrigation or spraying links or through clonal relationship with the designated contamination, and,

(iv)

demarcate a zone on the basis of the designation of contamination under point (ii), the determination of the extent of probable contamination under point (iii), and the possible spread of the organism, in accordance with the provisions of point 2(i) of Annex V;

(b) for crops of host plants other than those mentioned under point (a) where production of the listed plant material is identified at risk,

(i)

establish an investigation in accordance with point (a)(i); and

(ii)

designate as contaminated the host plants of the organism from which the sample was taken; and

(iii)

determine the probable contamination and demarcate a zone in accordance with points (a)(iii) and (iv), respectively, in relation to production of the listed plant material;

(c) for surface water (including liquid waste discharges from industrial processing or packaging premises handling listed plant material) and associated wild solanaceous host plants, where production of the listed plant material is identiefied at risk through irrigation, spraying, or flooding of the surface water,

(i)

establish an investigation including an official survey at appropriate times on samples of surface water and if present wild solanaceous host plants to establish the extent of the contamination; and

(ii)

designate as contaminated the surface water from which the sample(s) was taken, to the extent appropriate and on the basis of the investigation under point (i); and

(iii)

determine the probable contamination and demarcate a zone on the basis of the designation of contamination under point (ii), and the possible spread of the organism taking into account the provisions of points 1 and 2(ii) of Annex V.

2. Member States shall immediately notify the other Member States and the Commission, in accordance with the provisions of point 3 of Annex V, of any contamination designated under paragraphs 1(a)(ii) and 1(c)(ii) and the details of the zone demarcation under paragraph 1(a)(iv) and, where applicable, under paragraph 1(c)(iii). The details of the notification under this paragraph may be submitted to the Committee.

Member States shall at the same time submit to the Commission the additional notification set out at point 4 of Annex V. The details of the notification under this subparagraph shall immediately be submitted to the members of the Committee.

3. As a result of the notification under paragraph 2 and the elements mentioned therein, other Member States detailed in the notification shall establish an investigation in accordance with paragraph 1(a)(i) and, where applicable, paragraph 1(c)(i) and take further action, as appropriate, in accordance with paragraphs 1 and 2.