No L 36/26 Official Journal of the European Communities 8. 2. 90 COMMISSION DECISION of 17 January 1990 authorizing Member States temporarily to take additional measures against the dissemination of Corynebacterium sepedonicum as regards the Federal Republic of Germany and repealing Decision 88/127/EEC (90/53/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 intro- duction into_the Member States of organisms harmful to plants or plant products ('), as last amended by Directive 89/439/EEC (%, and in particular Article 15 (2) thereof, Having regard to Council Directive 80/665/EEC of 24 June 1980 on the control of potato ring rot(}), and in particular -Article' 9 (2) thereof, Whereas, where a Member State considers that there is an imminent danger of the introduction into its territory of potato ring rot from another Member State, it may tempo- rarily take any additional measures necessary to protect itself from that danger; Whereas a Member State may also take such measures where another Member State informs it of confirmed contamination by potato ring rot; Whereas the Federal Republic of Germany informed the other Member States -and the Commission on 13 September 1985 that. samples of potatoes originating in Niedersachsen were suspected 'to be contaminated by potato ring rot ; whereas complementary reports supplied by Germany indicated that five samples of the 1986 potato production of that Land showed a confirmed contamination by potato ring rot; Whereas Belgium, France, Ireland, Luxembourg, the ‘ Netherlands and the United Kingdom, on the basis of the abovementioned information from Germany, had adopted certain -additional measures applicable to potatoes origin- ating in Germany, with a view to strengthening protection against the - introduction. of potato ring rot from Germany ; Whereas the Commission, by Decision 88/127/EEC (), authorized the aforementioned Member States to take () OJ No L 26, 31. 1. 1977, p. 20. () O No L 212, 22. 7. 1989, p. 106. () OJ No L 180, 14. 7. 1980, p. 30. () OJ No L 63, 9. 3. 1988, p. 13. temporarily certain additional measures described therein ; Whereas Germany informed the other Member States and the Commission that new samples of the 1988 potato production of Niedersachsen und Schleswig-Holstein showed a confirmed contamination by potato ring rot, including those of a consignment introduced into another Member State ; Whereas it has not yet been possible ‘to identify -the source of contamination nor to determine the extent thereof in the Linder concerned; Whereas in that situétion Decision 88/127/EEC should be repealed and the necessary measures should be adopted ; Whereas these measures have to take into account the production and distribution structures in Germany, as well as the reduced risk involved in potatoes for which it- is ensured that they are not planted and that they do not come directly or indirectly into contact with potatoes to be planted; whereas hitherto no findings of potato ring rot have been confirmed in other Linder of Germany; whereas the measures .would be without prejudice to the - phytosanitary inspections which may be carried out by the introducing Member States under the Community. plant health regime ;- Whereas 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 1. The Federal Republic of Germany shall ensure, until 30 June 1991, that the conditions laid down in paragraph 2 are met, in addition to those laid down in Directive 80/665/EEC and -in particular Articles 2, 5 (4) and (5) thereof, if tubers of potatoes (Solanum tuberosum L. originating in the Federal Republic of Germany are to be introduced into other Member States. 2. For the purposes of paragraph 1, the following conditions shall be met: