19. 1. 89 Official Journal of the European Communities No L 15/21 COMMISSION DECISION of 21 December 1988 approving derogations provided for by Greece, Italy and Portugal from certain provisions of Council Directive 77/93/EEC in respect of seed potatoes originating in Canada (Only the Greek, Italian and Portuguese texts are authentic) {(89/32/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 ('), as last amended by Directive 88/430/EEC (3, and in particular Article 14 (2) and Annex IV, part A (24), thereof, Whereas, pursuant to Directive 77/93/EEC, potato tubers originating in the American continent 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 Corynebac- terium sepedonicum is known to occur — provisions recognized as equivalent to the Community provisions on combating this harmful organisms 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 Greece, Italy and Portugal the growing of potatoes of certain North American varieties has been an established practice ; whereas part of the supply of seed potatoes of these varieties has been ensured by imports from Canada; Whereas, by Decisions 86/120/EEC (%), 87/154/EEC (*), as amended by Decision 87/311/EEC (), and 88/176/EEC (¥), as amended by Decision 88/496/EEC (), the Commission approved derogations based on the concept of ‘areal o L 26, 31. 1. 1977, p. 20. olL 208 2. 8. 1988, p. 36. 0 ()OJ No L . O] N No L 99, 15. 4. 1986, p. 3 J N N N N ) Y, %) O] 0o oJ oJ 8 o L 65, 10. 3. 1987, p. ) o L 159, 19. 6. 1987, p. 19. o L 80, 25. 3. 1988, p. 48. o L 266, 27. 9. 1988, p. 39. freedom’, subject to certain technical conditions to prevent the risk of harmful organisms spreading ; whereas that approval expired on 31 March 1988; whereas the Commission also provided that those derogations would provide for the opportunity to seek confirmation of the proper functioning of the concept of ‘areal freedom’; Whereas Greece, Italy and Portugal have stated that they intend to provide for derogations for the current seed-potato marketing season ; Whereas it is known that Canada is still not free from potato spindle tuber viroid or from Corynebacterium sepedonicum ; Whereas Canada has further developed its programme to eradicate these harmful organisms in the provinces of New Brunswick and Prince Edward Island ; whereas there are good reasons to believe that the programme to eradicate potato spindle tuber viroid has become fully effective in those provinces, and that the programme to eradicate Corynebacterium sepedonicum has become fully effective in certain areas of those provinces ; whereas there . have been no findings of the disease on samples drawn from seed potatoes imported pursuant to Decision 88/176/EEC; whereas, however, areas in which the disease was detected in seed production of the 1987 crop have been excluded from the free area; whereas the two cases of the disease confirmed as a result of field inspections during 1988 were located outside the disease-free area ; whereas it has not been established that there are sufficient elements which would militate against the proper functioning of the aforementioned concept of ‘areal freedom’ and therefore against the recognition of the provisions 1mplemented there as equivalent to the Community provisions on combatmg Corynebacterium sepedonicum ; Whereas it can therefore be established that there is.no risk of the harmful organisms in question spreading, provided that the seed potatoes originate in areas declared, on scientific evidence, free from both potato spindle tuber viroid and from Corynebacterium sepedonicum, and that certain improved special technical conditions are complied with ; whereas the Commission will ensure that Canada makes all technical information available which is necessary to monitor the functioning of the protective measures required under the aforementioned technical conditions and to assess the functioning of the aforemen- tioned concept of ‘areal freedom’;