3.1.97 Official Journal of the European Communities No L 1/5 COMMISSION DECISION of 10 December 1996 authorizing the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of potatoes other than potatoes intended for planting originating in the Republic of Slovenia (97/3/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 96/14/EC (3, and in particular Article 14 (1) thereof, Having regard to the request made by Luxembourg, Whereas, under the provisions of Directive 77/93/EEC, potatoes other than potatoes intended for planting origin- ating in the Republic of Slovenia may in principle not be introduced into the Community because of the risk of introducing potato diseases unknown in the Community; Whereas by Decision 96/114/EC (*) the Commission authorized certain Member States to provide for deroga- tions in respect of potatoes other than potatoes intended for planting originating in the Republic of Slovenia, under specified conditions in the 1996 season; Whereas, due to technical reasons there were no imports pursuant to Decision 96/114/EC; Whereas the circumstances justifying the authorization still obtain; Whereas the Commission will ensure that the Republic of Slovenia makes available all technical information neces- sary to assess the phytosanitary status of the production of potatoes in Slovenia; 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 1. The Member States are hereby authorized to provide, under the conditions laid down in paragraph 2, for excep- () OJ No L 26, 31. 1. 1977, p. 20. () OJ No L 68, 19. 3. 1996, p. 24. () O] No L 27, 3. 2. 1996, p. 33. tions from Article 4 (1) of Directive 77/93/EEC, with regard to the prohibitions referred to in Part A, point 12 of Annex III thereto for potatoes other than potatoes intended for planting originating in the Republic of Slovenia. 2. The following specific conditions shall be satisfied: (a) the potatoes shall be other than potatoes intended for planting; (b) they shall have been grown from seed potatoes certi- fied in the seed potato certification scheme of the Republic of Slovenia or from seed potatoes certified in one of the Member States or from seed potatoes certi- fied in any other country for which the entry into the Community of potatoes intended for planting is permitted pursuant to Directive 77/93/EEC; (c) they shall have been grown in areas known to be free from Synchytrium endobioticum (Schilbersky) Percival (all races other than Race 1, the common European race), and no symptoms of Synchytrium endobioticum (Schilbersky) Percival have been observed either at the place of production or in its immediate vicinity since the beginning of an adequate period,; (d) they shall have been grown in areas where Pseudo- monas solanacearum (Smith) Smith is not known to occur; ~ (e) regular planned monitoring of imports into the Re- public of Slovenia and of seed potatoes and ware pota- toes marketed within the Republic of Slovenia is continued by means of examination and testing of representative samples by scientifically recognized methods for Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al, Pseudomonas solanacearum (Smith) Smith and potato spindle tuber viroid; (f) they shall have been handled by machinery which is reserved for them or which has been disinfected in an appropriate maner after each use for other purposes; (g) they shall be packed either in new bags or in con- tainers which have been disinfected in an appropriate manner; and an official label shall be applied to each bag or container, bearing the information specified in the Annex;