15. 4. 86 Official Journal of the European Communities No L 99/31 COMMISSION DECISION of 10 March 1986 approving derogations provided for by Greece and Italy from certain provisions of Council Directive 77/93/EEC in respect of seed potatoes originating in Canada (Only the Greek and Italian texts are authentic) (86/120/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 Regulation (EEC) No 3768/85 (%), 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 prin- ciple, 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 Corynebacterium sepedonicum is know to occur — provisions recognized as equivalent to the Community provisions on combating this harmful organism have been complied with in the country of origin ; - Whereas, nevertheless, Article 14 (1) (c) (iii) of the above- mentioned 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 in accordance with Article 14 (2) and must also comply with the condi- tions laid down in Annex IV part A (24); Whereas in Greece and Italy the growing of potatoes of certain varieties, i.e. Kennebec in the case of Italy, and Kennebec or Sebago in the case of Greece, 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 Decision 83/639/EEC (), the Council approved derogation subject to certain technical condi- tions to prevent the risk of harmful organisms spreading ; whereas that approval expired on 31 January 1984; whereas the Council also laid down that a further exten- sion can only be envisaged if it has been established on the basis of a detailed technical report to be supplied by Canada that the Canadian eradication programme has () OJ No L 26, 31. 1. 1977, p. 20. () OJ No L 362, 31. 12. 1985, p. 8. () OJ No L 358, 22. 12. 1983, p. 31. been fully effective at least in one of the provinces concerned ; Whereas Greece and Italy have stated that they intend to provide for derogations for the current seed-potato marke- ting season ; Whereas it is known that Canada is still not free from potato spindle tuber viroid or from Corynebacterium sepe- donicum ; Whereas Canada has further developed its programme to eradicate these harmful organisms in the provinces of New Brunswick and Prince Edward Island; whereas recent information supplied by Canada has shown that 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 these provinces; whereas, in particular, it has at present not been established that there are elements which would militate against the recognition of the provisions implemented there as equivalent to the Community provisions on combating 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 special technical conditions are complied with ; Whereas therefore the derogations provided for by Greece and Italy should be approved for the current seed-potato marketing season, provided that they include the afore- mentioned conditions and without prejudice to Council Directive 66/403/EEC (%), as last amended by Directive 84/218/EEC (%), and to Council Directive 70/457/EEC (9), as last amended by Directive 83/297/EEC(’); whereas these derogations would provide for the opportunity to seek confirmation of the proper functioning of the concept of ‘areal freedom’; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health, () OJ No 125, 11. 7. 1966, p. 2320/66. () O] No L 104, 17. 4. 1984, p. 19. (9 OJ No L 225, 12. 10. 1970, p. 1. () OJ No L 157, 15. 6. 1983, p. 35.