Commission Decision of 27 January 2003 authorising certain Member States to provide for temporary derogations from certain provisions of Council Directive 2000/29/EC in respect of seed potatoes originating in certain provinces of Canada (notified under document number C(2003) 334) (Only the Spanish, Greek, Italian and Portuguese texts are authentic) (2003/61/EC)

Article 2 U.K.

1. In the provinces of Prince Edward Island or New Brunswick, the seed potatoes shall have been produced in fields located in an area that, irrespective of whether the fields are operated by potato producers inside or outside that area, meets the conditions set out in paragraphs 2 to 8.

2. The area shall have been officially declared by the Canadian Food Inspection Agency, to be free from both potato spindle tuber viroid and from Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckermann et Kotthoff) Davis et al. (‘Clavibacter michiganensis’).

3. The area shall either,

(a) consist of fields owned or rented by at least three distinct potato producers; or

(b) cover a surface of at least four square kilometres, surrounded entirely by water or by fields where the harmful organisms referred to in paragraph 2 have not been found within the previous three years.

4. All potatoes produced in the area shall be the first direct progeny of seed potatoes of the category ‘Pre-elite’, ‘Elite I’, ‘Elite II’, ‘Elite III’ or ‘Elite IV’ which were produced in establishments qualified to produce seed potatoes of the ‘Pre-elite’ or ‘Elite I’ categories and which are either official establishments or establishments officially designated and controlled for that purpose;

5. The surface allocated for the production of seed potatoes that are not finally certified as seed potatoes shall not exceed one-fifth of the total area allocated for certification.

6. Systematic and representative annual surveys shall have been carried out by the relevant official Canadian authorities over at least the previous five years under appropriate conditions for the detection of the harmful organisms referred to at paragraph 2, on all potato fields located in the area and on potatoes harvested there, including appropriate laboratory testing, and have not shown any positive finding, or any other element which could militate against the declaration of the area as disease-free.

7. Legislative, administrative or other arrangements shall have been made to ensure that:

(a) no potatoes from areas of Canada other than those declared disease-free, or in countries where the harmful organisms referred to in paragraph 2 are known to occur, can be introduced into the area;

(b) neither potatoes originating in the area nor any containers, packaging material, vehicles and handling, grading and preparation equipment used in such areas can be brought into contact with potatoes originating, or material or equipment as specified used, in areas other than those areas declared disease-free.

8. Prior to the introduction of the seed potatoes within the Community, the Canadian Food Inspection Agency shall have provided the Commission with a complete list of the areas declared as disease-free, supported by a technical report, updated each year, on the phytosanitary status of seed potato production in the previous year.