26.3.1999 Official Journal of the European Communities L 82/47 COMMISSION DECISION of 10 March 1999 authorising Member States temporarily 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 Cuba (notified under document number C(1999) 558) (1999/222/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to the 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 98/2/ EC (3, and in particular Article 14(1) thereof, Having regard to the requests made by the Netherlands and Germany, (1) Whereas, under the provisions of Directive 77/ 93/EEC, potato tubers other than those officially certi- fied as seed potatoes pursuant to other Community provisions, originating in Cuba may in principle not be introduced into the Community because of the risk of introducing exotic potato harmful organism which would present a plant health risk to the Community; (2) Whereas the early growing in Cuba of potatoes, other than potatoes intended for planting, from seed pota- toes supplied by Member States has become an estab- lished practice; whereas part of the early supply of potatoes in the Community has been ensured by imports of such material from Cuba; (3) Whereas by Decisions 87/306/EEC (°), 88/223/EEC (*), 89/152/EEC (°), 91/593/EEC (°), 93/36/EEC (), 95/ 96/EC (*) and 96/157/EC (°), the Commission author- ised derogations under special technical conditions in respect of potatoes for human consumption origin- ating in Cuba, in the 1987-96 seasons, and by 26, 31. 1. 1977, p. 20. 15, 21. 1. 1998, p. 34. 153, 13. 6. 1987, p. 41. 100, 19. 4. 1988, p. 44. 59, 2. 3. 1989, p. 29. 316, 16. 11. 1991, p. 47. 16, 25. 1. 1993, p. 40. 75, 4. 4. 1995, p. 22. 36, 14. 2. 1996, p. 38. N Lol P} By 3 000000000 B e e e L | onll ol onll onll anl ol ol ol O T S P O T = Decision 97/186/EC (') in respect of potatoes other than potatoes intended for planting originating in Cuba in the 1997 season; (4) Whereas there have never been confirmed findings of harmful organisms on samples drawn from imports pursuant to the said Decisions; (5) Whereas it is expected that Cuba makes available all technical information necessary to assess in the future, the phytosanitary status of the production of potatoes in Cuba, in particular details on the regular monitoring of seed and ware potatoes imported into, and marketed within Cuba by means of examination and testing of representative samples by scientifically recognised methods for Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckermann et Kotthoff) Davis et al, Pseudomonas solanacearum (Smith) Smith and potato spindle tuber viroid, as well as the results of the said examination and testing; (6) Whereas the circumstances justifying the author- isation still obtain; (7) 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 authorised to provide, under the conditions laid down in paragraph 2, for excep- tions to Article 4(1) with regard to the prohibitions referred to in Part A, point 12 of Annex III to Directive 77/93/EEC, for potatoes other than potatoes intended for planting, originating in Cuba. (% OJ L 77, 19. 3. 1997, p. 32.