90/613/EEC: Commission Decision of 9 November 1990 approving derogations provided for by Italy from certain provisions of Council Directive 77/93/EEC in respect of seed potatoes originating in Poland (Only the Italian text is authentic)

• Published date: 28 November 1990
• Subject Matter: Plant health legislation
• Official Gazette Publication: Official Journal of the European Communities, L 328, 28 November 1990

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90/613/EEC: Commission Decision of 9 November 1990 approving derogations provided for by Italy from certain provisions of Council Directive 77/93/EEC in respect of seed potatoes originating in Poland (Only the Italian text is authentic)

Official Journal L 328 , 28/11/1990 P. 0020 - 0022

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COMMISSION DECISION

of 9 November 1990

approving derogations provided for by Italy from certain provisions of Council Directive 77/93/EEC in respect of seed potatoes originating in Poland

( Only the Italian text is authentic )

( 90/613/EEC )

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of organisms harmful to plants or plant products ( 1 ), as last amended by Directive 90/506/EEC ( 2 ), and in particular Article 14 ( 2 ) thereof and Annex IV, part A ( 24 ), thereto,

Whereas, pursuant to Directive 77/93/EEC, potato tubers originating in third countries, where potato spindle tuber viroid has occurred may not, in principle, be brought into the Community unless their faculty of germination has been suppressed, in view of the risk of the introduction of potato spindle tuber viroid, and unless _ if they originate in a country where Corynebacterium sepedonicum is known to occur _ provisions recognized as equivalent to the Community provisions on combating this harmful organism have been complied with in the country of origin;

Whereas, nevertheless, Article 14 ( 1 ) ( c ) ( iii ) of the abovementioned Directive permits Member States to provide for derogations with regard to the rule relating to the suppression of the faculty of germination, provided that there is no risk of harmful organisms spreading; whereas these derogations are subject to approval, under certain conditions, in accordance with Article 14 ( 2 ) and must also comply with the conditions laid down in Annex IV, part A ( 24 );

Whereas in Italy the growing of potatoes of the Sieglinde variety has been an established practice; whereas part of the supply of seed potatoes of this variety has been ensured by imports from Poland;

Whereas derogations provided for by Italy have already been approved for the last three seed-potato marketing seasons, by Commission Decisions 88/177/EEC ( 3 ), 88/632/EEC ( 4 ) and 89/606/EEC ( 5 ) based on the concept of "closed zones; subject to certain technical conditions to prevent the risk of harmful organisms spreading;

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