S.L. 433.3 Art. 4EAuthorisation for derogation, Commission Decision 2004/4/ EC.

(1) The entry into Malta of tubers of Solanum tuberosum L.

which originate in Egypt shall be permitted if they have been grown in areas included in the list of pest-free areas for Egypt and if the requirements laid down in Schedule XVI are complied with.

(2) The Commission shall establish whether ‘pest-free areas’ have been approved in Egypt for the import season 2003/04 in accordance with the ‘FAO International Standard for Phytosanitary Measures Part

4: Pest Surveillance - Requirements for the Establishment of Pest-Free Areas’, in particular point 2.3 thereof, and shall compile a ‘list of approved pest-free areas’, including identification details of the fields located in the above ‘approved pest-free areas’. The Commission shall convey this list to the Committee and to the Director.

(3) The provisions of sub-regulation (2) shall no longer apply as soon as the Commission has notified to the Member States that the sixth interception of (Smith) Smith has Pseudomonas solanacearum been confirmed in accordance with points 2 or 3 of the said Schedule, in lots of potatoes introduced into the Community pursuant to this Decision during the 2003/04 import season, and that it has been found that interceptions indicate that the method for the identification of ‘pest-free areas’ in Egypt or the procedures for official monitoring in Egypt have not been sufficient to prevent the risk of introduction of (Smith) Smith into the Community. Pseudomonas solanacearum

(4) The Director shall provide the Commission and the other Member States, with information on the amounts imported pursuant to this Decision and with a detailed technical report on the official examination referred to in point 2 of the said Schedule; copies of each plant health certificate shall be transmitted to the Commission. In cases of notification of a suspect or confirmed finding as referred to in point 4 of the said Schedule, copies of the plant health certificates and their attached documents shall be transmitted with the said notification.

(5) The Director shall adjust the measures which they have adopted with a view to protecting themselves against the introduction and spread of (Smith) Smith in such a Pseudomonas solanacearum manner that the measures comply with sub-regulations (1), (2) and (3).