31. 1. 98 Official Journal of the European Communities L 25/101 COMMISSION DECISION of 28 January 1998 amending Decision 96/301/EC and authorising Member States temporarily to take emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt (98/105/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the intro- duction into the Community of organisms harmful to plants or plant products and against their spread within the Community ('), as last amended by Directive 97/14/EC (%), and in particular Article 15(3) thereof, Whereas, where a Member State considers that there is an imminent danger of the introduction into its territory of Pseudomonas solanacearum (Smith) Smith, the cause of potato brown rot, from a third country, it may temporarily take any additional measures necessary to protect itself from that danger; Whereas France, on the basis of continued interceptions of Pseudomonas solanacearum in potatoes originating in Egypt adopted on 19 March 1996 measures to implement a ban on potatoes originating in Egypt, with a view to ensuring more efficient protection against the introduc- tion of Pseudomonas solanacearum from Egypt into France; Whereas Finland adopted on 4 April 1996 similar measures against the introduction of that organism into Finland; Whereas Spain and Denmark subsequently adopted such measures on 16 April and 22 April 1996 respectively against the introduction into their respective territories; Whereas the Commission, by Decision 96/301/EC (%), authorised Member States temporarily to take additional measures against the dissemination of Pseudomonas sola- nacearym (Smith) Smith as regards Egypt; Whereas during the import season 1996/97 there have been considerable numbers of interceptions of Pseudo- monas solancearum (Smith) Smith on imports of potatoes originating in Egypt; Whereas, therefore it has become apparent that the addi- tional measures referred to in Decision 96/301/EC, are () OJ L 26, 31. 1. 1977, p. 20. () OJ L 87, 2. 4. 1997, p. 17. () OJ L 115, 9. 5. 1996, p. 47. not sufficient to prevent the entry of Pseudomonas sola- nacearum or have not been complied with; Whereas in such a situation Decision 96/301/EC should be strengthened and the import into the Community of potatoes originating in Egypt be banned unless the emer- gency measures against the dissemination of Pseudo- monas solanacearum (Smith) Smith as laid down in the Annex to this Decision are complied with; Whereas in relation to the requirements laid down in point 252 of Annex IV, part A, section I to Directive 77/93/EEC and on the basis of information provided by Egypt, of international scientific and technical informa- tion and of experience gained on imports in the past, it is apparent that Egypt is known to be free from Clavibacter michiganensis spp. sepedonicus; Whereas, because of concern for possible latent infection of potatoes by Pseudomonas solanacearum (Smith) Smith the additional measures include testing for the presence of the organism in Egypt in potatoes intended for export to the Community as well as a monitoring testing programme of the said potatoes on entry into the Community and appropriate controls on the waste disposal after packaging or processing of the said potatoes in the Community; Whereas the effects of the emergency measures will be assessed continually, in the import season 1997/98, and possible subsequent measures applicable to the introduc- tion of potatoes originating in Egypt, will be considered in the light of the results of that assessment; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health, HAS ADOPTED THIS DECISION: Article 1 Decision 96/301/EC is hereby amended as follows: 1. The text of Article 1 is replaced by the following: ‘The entry into the territory of the Community of tubers of Solanum tuberosum L. which originate in Egypt, other than those already prohibited under the provisions laid down in Annex III, part A, point 10 to Directive 77/93/EEC, shall be prohibited with effect