The marketing in the Community of seed potatoes of the category ‘certified seed potatoes’ which do not satisfy the requirements laid down in Directive 2002/56/EC in respect of the number of plants showing symptoms of severe virus infection in the direct progeny shall be permitted, for a period expiring on 30 June 2009, in accordance with the terms set out in the Annex to this Decision and subject to the following conditions:
the number of plants showing symptoms of severe virus infection in the direct progeny of seed potatoes of the category ‘certified seed potatoes’ does not exceed the percentage set out in the Annex;
the official label states the percentage of plants showing symptoms of severe virus infection in the direct progeny of seed potatoes of the category ‘certified seed potatoes’ ascertained in the official examination pursuant to Article 2(c)(iv) of Directive 2002/56/EC;
seed potatoes are placed on the market in accordance with Article 2 of this Decision.
Any seed potato supplier wishing to place on the market the seed potatoes referred to in Article 1 shall apply for authorisation to the Member State in which he is established or importing.
The Member State concerned shall authorise the supplier to place those seed potatoes on the market, unless:
there is sufficient evidence to doubt whether the supplier is able to place on the market the amount of seed potatoes for which he has applied for authorisation; or
the total quantity authorised to be marketed pursuant to the derogation concerned would exceed the maximum quantity specified in the Annex.
The Member States shall assist each other administratively in the application of this Decision.
Sweden shall act as coordinating Member State in order to ensure that the total amount authorised does not exceed the maximum quantity specified in the Annex.
Any Member State receiving an application under Article 2 shall immediately notify the coordinating Member State of the amount covered by the application. The coordinating Member State shall immediately inform the notifying Member State as to whether authorisation would result in the maximum quantity being exceeded.
Member States shall immediately notify the Commission and the other Member States of the quantities in respect of which they have granted marketing authorisation pursuant to this Decision.
This Decision is addressed to the Member States.
Done at Brussels, 8 May 2009.
For the Commission
Androulla Vassiliou
Member of the Commission