21.8.98 Official Journal of the European Communities L2351 (Acts whose publication is obligatory) COUNCIL DIRECTIVE 98/57/EC of 20 July 1998 on the control of Ralstonia solanacearum (Smith) Yabuuchi et al. THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission ('), Having regard to the Opinion of the European Parliament (3), Having regard to the Opinion of the Economic and Social Committee (%), Whereas the harmful organism Ralstonia solanacearum (Smith) Yabuuchi et al. was previously known as Pseudomonas solanacearum (Smith) Smith; whereas Ralstonia solanacearum (Smith) Yabuuchi et al. is likely to become the generally accepted name for the organism; whereas the present Directive should take account of this scientific development; Whereas potato and tomato production occupies an important place in Community agriculture; whereas the potato and tomato vyield is constantly threatened by harmful organisms; Whereas, through the protection of potato and tomato cultivation against such harmful organisms, not only should productive capacity be maintained but agricultural productivity should also be increased; Whereas protective measures to prevent the introduction of harmful organisms into the territory of a Member State would have only a limited effect if such organisms were not controlled simultaneously and methodically throughout the Community and were not prevented from spreading; ) O] C 124, 21.4.1997, p. 12 and OJ C 108, 7.4.1998, p. 85. (%) OJ C 14, 19.1.1998, p. 34. 3 ) OJ C 206, 7.7.1997, p. 57. Whereas one of the harmful organisms on potatoes and tomatoes is Ralstonia solanacearum (Smith) Yabuuchi et al., the pathogenic agent of the potato brown rot disease and of bacterial wilt in potatoes and tomatoes; whereas disease outbreaks caused by this pathogen have occurred in some parts of the Community and some limited sources of infection still exist; Whereas there is a considerable risk to potato and tomato cultivation throughout the Community if effective measures are not taken, with respect to these crops, to locate this organism and determine its distribution, to prevent it from occurring and spreading, and, if found, to prevent its spread and to control it with the aim of eradication; Whereas, in order to ensure this, certain measures must be taken within the Community; whereas Member States must, in addition, be able to take additional or stricter measures where necessary, provided that there is no hindrance to the movement of potatoes or tomatoes within the Community, except insofar as laid down in Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (*); whereas such measures must be notified to the other Member States and to the Commission; Whereas the measures have to take into account that systematic official surveys are necessary to locate the pathogen; whereas such surveys should include inspection procedures and, where appropriate, given that under certain environmental circumstances the disease can remain latent and unobserved both in the growing crop of potatoes and in stored potato tubers, should include sampling and testing procedures; whereas spread of the pathogen within the growing crop is not the most important factor, but whereas the pathogen can spread by surface water and certain associated wild solanaceous plants, and therefore the irrigation of potato and (* OJ L 26, 31.1.1977, p. 20. Directive as last amended by Commission Directive 98/2/EC (O] L 15, 21.1.1998, p. 34).