Commission Directive 98/2/EC of 8 January 1998 amending Annex IV to Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
Date: 1998-01-08
Institutions: European Commission
Subjects: citrus fruit, import restriction, parasitology, plant health control, plant health legislation, protection of plant life

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Official Journal of the European Communities

21. 1. 98

COMMISSION DIRECTIVE 98/2/EC

of 8 January 1998

amending Annex IV to Council Directive 77/93/EEC on protective measures
against the introduction into the Community of organisms harmful to plants or
plant products and against their spread within the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Article 2

1. Member States shall bring into force the laws, regu-
lations and administrative provisions necessary to comply
with this Directive with effect from 1 May 1998. They
shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall
contain a reference to this directive or shall be accompa-
nied by such reference on the occasion of their official
publication. The procedure for such a reference shall be
adopted by the Member States.

2.
The Member States shall immediately communicate
to the Commission the essential provisions of domestic
law which they adopt in the field governed by this Dir-
ective. The Commission shall inform the other Member
States thereof.

Article 3

This Directive shall enter into force on the day following
its publication in the Official Journal of the European
Communities.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 8 January 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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 (1), as
last amended by Commission
Directive 97/14/EC (2), and in particular Article 13,
second subparagraph, fourth indent thereof,

(all

campestris

strains pathogenic

Whereas some provisions for protective measures aimed
at protection against the introduction, on citrus fruit, of
Xanthomonas
to
Citrus), Cercospora angolensis Carv. et Mendes and Guig-
nardia citricarpa Kiely (all strains pathogenic to Citrus),
which are not present in the Community or in certain
Citrus growing zones thereof, should be modified, to have
a better protection for the Community against
these
harmful organisms which are already listed in Council
Directive 77/93/EEC;

Whereas
77/93/EEC should be amended accordingly;

therefore the relevant Annex to Directive

Whereas the measures provided for in this Directive are
in accordance with the opinion of
the Standing
Committee on Plant Health,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 77/93/EEC is hereby amended as indicated in
the Annex to this Directive.

(1) OJ L 26, 31. 1. 1977, p. 20.
(2) OJ L 87, 2. 4. 1997, p. 17.

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ANNEX

In Annex IV, part A, section I, the points 16.1, 16.2 and 16.3 are replaced by the following:

‘16.1 Fruits of Citrus L., Fortunella Swingle,
Poncirus Raf., and their hybrids, originating in
third countries

The fruits shall be free from peduncles and leaves
and the packaging shall bear an appropriate origin
mark.

16.2 Fruits of Citrus L., Fortunella Swingle,
Poncirus Raf., and their hybrids, originating in
third countries

Without prejudice to the provisions applicable to
the fruits in Annex IV(A)(I)(16.1), (16.3), (16.3a) and
(16.4), official statement that:

(a) the fruits originate in a country recognised as
being free from Xanthomonas campestris (all
strains pathogenic to Citrus), in accordance with
the procedure laid down in Article 16a, or

(b) the fruits originate in an area recognised as
being free from Xanthomonas campestris (all
strains pathogenic to Citrus) in accordance with
the procedure laid down in Article 16a, and
mentioned on the certificates referred to in
Articles 7 or 8 of this Directive, or

(c) either,

no

regime,

— in accordance with an official control and
examination
of
Xanthomonas campestris (all strains patho-
genic to Citrus) have been observed in the
field of production and in its immediate vici-
nity since the beginning of the last cycle of
vegetation,

symptoms

and

none of the fruits harvested in the field of
production has shown symptoms of Xantho-
monas campestris (all strains pathogenic to
Citrus),

and

the fruits have been subjected to treatment
such
sodium orthophenylphenate,
mentioned on the certificates referred to in
Articles 7 or 8 of this Directive,

as

and

the fruits have been packed at premises or
dispatching
this
purpose,

registered

centres

for

or,

— any certification system, recognised as equi-
valent to the above provisions in accordance
with the procedure laid down in Article 16a,
has been complied with.

16.3 Fruits of Citrus L., Fortunella Swingle,
Poncirus Raf., and their hybrids, originating in
third countries

Without prejudice to the provisions applicable to
the fruits in Annex IV(A)(I)(16.1), (16.2), (16.3a) and
(16.4), official statement that:

(a) the fruits originate in a country recognised as
being free from Cercospora angolensis Carv. &
Mendes, in accordance with the procedure laid
down in Article 16a, or

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(b) the fruits originate in an area recognised as
being free from Cercospora angolensis Carv. &
Mendes, in accordance with the procedure laid
down in Article 16a, and mentioned on the
certificates referred to in Articles 7 or 8 of this
Directive, or

(c) no symptoms of Cercospora angolensis Carv. &
Mendes have been observed in the field of
production and in its immediate vicinity since
the beginning of the last cycle of vegetation, and

none of
production has shown,
examination, symptoms of this organism.

the fruits harvested in the field of
in appropriate official

16.3 (a) Fruits of Citrus L., Fortunella Swingle,
Poncirus Raf., and their hybrids, other than
fruits of Citrus aurantium L., originating
in third countries

Without prejudice to the provisions applicable to
the fruits in Annex IV(A)(I)(16.1), (16.2), (16.3) and
(16.4), official statement that:

(a) the fruits originate in a country recognised as
being free from Guignardia citricarpa Kiely (all
strains pathogenic to Citrus), in accordance with
the procedure laid down in Article 16a, or

(b) the fruits originate in an area recognised as
being free from Guignardia citricarpa Kiely (all
strains pathogenic to Citrus), in accordance with
the procedure laid down in Article 16a, and
mentioned on the certificates referred to in
Articles 7 or 8 of this Directive, or

(c) no symptoms of Guignardia citricarpa Kiely
(all
strains pathogenic to Citrus) have been
observed in the field of production and in its
immediate vicinity since the beginning of the
last cycle of vegetation, and none of the fruits
harvested in the field of production has shown,
in appropriate official examination, symptoms of
this organism, or

(d) the fruits originate in a field of production
subjected to appropriate
against
Guignardia citricarpa Kiely (all strains patho-
genic to Citrus), and

treatments

none of
production has shown,
examination, symptoms of this organism.’

the fruits harvested in the field of
in appropriate official