18.3.1999 Official Journal of the European Communities L 72/37 COMMISSION COMMISSION DECISION of 12 March 1999 authorising 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 New Zealand (notified under document number C(1999) 563) (1999/209/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 98/2/ EC (3, and in particular Article 14(1) thereof, Having regard to the request made by the United Kingdom, Whereas, under the provisions of Directive 77/93/EEC, potatoes, other than potatoes intended for planting, originating in New Zealand may in principle not be introduced into the Community because of the risk of introducing potato diseases unknown in the Community; Whereas by Decision 98/81/EC(*) the Commission authorised the Member States to provide for derogations in respect of potatoes, other than potatoes intended for planting, originating in New Zealand, under specified conditions in the 1998 season; whereas due to technical reasons there were no imports made under Decision 98/ 81/EC; Whereas, in relation to the requirements laid down in point 25.2 of Annex IV, part A, section I to Directive 77/93/EEC and on the basis of information provided by New Zealand, and international scientific technical litera- ture, New Zealand is known to be free from Clavibacter michiganensis ssp. sepedonicus; () OJ L 26, 31. 1. 1977, p. 20. @) OJ L 15, 21. 1. 1998, p. 34. () OJ L 14, 20. 1. 1998, p. 29. Whereas it is expected that New Zealand makes available all technical information necessary to assess in the future, the phytosanitary status of potato production in New Zealand, in particular details on the regular monitoring of seed and ware potatoes imported into, and marketed within New Zealand by means of examination and testing of representative samples by scientifically recognised methods for Ralstonia solanacearum (Smith) Yabuuchi et al., as well as the results of the said examination and testing; Whereas the circumstances justifying the authorisation still obtain; 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 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 New Zealand. 2. In addition to the requirements laid down in Annexes I and II to Directive 77/93/EEC in relation to potatoes the following specific conditions shall be satis- tied: (a) the potatoes shall not be potatoes intended for planting;