2004/416/EC:Commission Decision of 29 April 2004 on temporary emergency measures in respect of certain citrus fruits originating in Argentina or Brazil
Date: 2004-04-29
Institutions: European Commission
Subjects: Argentina, Brazil, citrus fruit, import restriction, nuisance, originating product, parasitology, plant disease, plant health control

L 151/76

EN 

Official Journal of the European Union 

30.4.2004 

COMMISSION DECISION 

of 29 April 2004 

on temporary emergency measures in respect of certain citrus fruits originating in 
Argentina or Brazil 

(notified under document number C(2004) 1584) 

(2004/416/EC) 

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European Community, 

Having regard to Council Directive 2000/29/EC  of 8 May 2000 on protective measures against 
the  introduction  into  the  Community  of  organisms  harmful  to  plants  or  plant  products  and 
against their spread within the Community (1), and in particular Article 16(3) thereof, 

Whereas: 

(1) 

(2) 

(3) 

Spain informed the other Member States and the Commission that in plant health checks 
carried  out  in  2003,  numerous  infestations  of  citrus  fruits  originating  in  Argentina  or 
Brazil with harmful organisms have been found, and in particular with Guignardia citricarpa 
Kiely (all strains pathogenic to Citrus), and Xanthomonas campestris (all strains pathogenic to 
Citrus). Moreover, infestations of citrus fruits originating in Brazil with Guignardia citricarpa 
Kiely (all strains pathogenic to Citrus), were also reported in 2003 by the Netherlands and 
the United Kingdom. 

Spain took official emergency measures prohibiting the import of citrus fruits originating 
in Argentina or Brazil into its territory as of 12 November 2003. 

Directive  2000/29/EC  requires  that,  in  order  to  protect  the  Community  from  the 
introduction  of  the  harmful  organisms  concerned,  citrus  fruits  originating  in  third 
countries are to comply with certain technical requirements, in particular those laid down 
in  points  16.2  and  16.4  of  Section I  of  Part A  of  Annex  IV  to  that  Directive.  The 
information  received  from  Spain,  the  Netherlands  and  the  United  Kingdom  shows  that 
those  requirements  have  not  been  complied  with  as  regards  citrus  fruits  imported  from 
Argentina and Brazil. 

(4) 

Therefore  temporary  emergency  measures  should  be  taken  which  apply  to  imports  of 
citrus fruits, originating in Argentina or Brazil, into the Community. 

1 

OJ  L  169,  10.7.2000,  p.  1.  Directive  as  last  amended  by  Commission  Directive  2004/31/EC  (OJ  L 85, 
23.3.2004, p. 18). 

 
 
 
 
                                                 
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(5) 

(6) 

(7) 

If  it  becomes  apparent  that  those  emergency  measures  are  not  sufficient  to  prevent  the 
entry  of  the  harmful  organisms  concerned,  or  have  not  been  complied  with,  more 
stringent or alternative measures should be envisaged. 

The effect of the emergency measures should be assessed continually until 30 November 
2004, in particular on the basis of information to be provided by Member States. Possible 
subsequent measures should be considered in the light of the results of that assessment. 

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 

By way of derogation from points 16.2 and 16.4 of Section I of Part A of Annex IV to Directive 
2000/29/EC,  from  1  May  2004  fruits  of  Citrus  L.,  Fortunella  Swingle,  Poncirus  Raf.,  and  their 
hybrids  (hereinafter  referred  to  as  citrus  fruits),  originating  in  Argentina  or  Brazil  may  only  be 
introduced into the territory of the Community if they comply with the requirements laid down in 
the Annex to this Decision. 

Article 2 

Without  prejudice  to  the  provisions  of  Commission  Directive  94/3/EC  (2),  each  Member  State 
importing  citrus  fruits  originating  in  Argentina  or  Brazil  shall  provide  the  Commission  and  the 
other Member States, by 31 December 2004 at the latest, with a detailed technical report on the 
results  of  plant  health  checks  carried  out  on  those  fruits  in  accordance  with  Article 13(1)  of 
Directive 2000/29/EC between 1 May and 30 November 2004. 

Article 3 

Between  1 May  and  30 November  2004,  the  Commission  shall  continually  follow  the 
development  of  the  situation.  If  it  becomes  apparent  that  those  emergency  measures  are  not 
sufficient  to  prevent  the  entry  of  Guignardia  citricarpa  Kiely  (all  strains  pathogenic  to  Citrus)  or 
Xanthomonas  campestris  (all  strains  pathogenic  to  Citrus),  or  have  not  been  complied  with,  the 
Commission shall take  more stringent or alternative measures, under the procedure laid down in 
Article 16(3) of Directive 2000/29/EC. 

Article 4 

Spain  shall adjust by 30 April 2004 at the latest the measures which it has  adopted with a 
view to protect itself  against the introduction and the spread of Guignardia citricarpa Kiely 
(all  strains  pathogenic  to  Citrus)  and  Xanthomonas  campestris  (all  strains  pathogenic  to 

2 

OJ L 32, 5.2.1994, p. 37 and corrigendum (OJ L 59, 3.3.1995, p. 30). 

 
 
                                                 
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Citrus) in such a manner that the measures comply with Articles 1 and 2, and shall forthwith 
inform the Commission of the adjusted measures. 

This Decision shall be reviewed by 31 January 2005 at the latest. 

 Article 5 

Article 6 

This Decision is addressed to the Member States. 

Done at Brussels, 29 April 2004. 

For the Commission 
David BYRNE 
Member of the Commission 

 
 
 
 
 
 
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ANNEX 

Without  prejudice  to  the  provisions  applicable  to  the  fruits  in  points  16.1,  16.3  and  16.5  of 
Section I of Part A of Annex IV to Directive 2000/29/EC, the following requirements shall apply: 

1. 

Citrus  fruits  originating  in  Argentina  or  Brazil  shall  be  accompanied  by  a  certificate 
referred to in paragraph 1 of Article 13 of Directive 2000/29/EC, officially stating that: 

the fruits originate in an area recognised as being free from Xanthomonas campestris 
(all  strains  pathogenic  to  Citrus),  in  accordance  with  the  procedure  referred  to  in 
Article 18(2) of Directive 2000/29/EC, and mentioned on the certificate; 

(a) 

or 

(b) 

– 

in  accordance  with  an  official  control  and  examination  regime,  no 
symptoms  of  Xanthomonas  campestris  (all  strains  pathogenic  to  Citrus)  have 
been observed in the place of production since the beginning of the last cycle 
of vegetation, 

and 

– 

and 

– 

and 

– 

in accordance with an official control and examination regime, including an 
appropriate  testing  regime,  the  fruits  harvested  in  the  place  of  production 
are free from  Xanthomonas campestris (all strains pathogenic to Citrus), 

fruits  have  been 

the 
treatment 
orthophenylphenate and mentioned on the certificate , 

subjected 

to 

such  as 

sodium 

the  place  of  production,  the  packing  facilities,  exporters  and  any  other 
operator involved in the handling of the fruits are officially registered for this 
purpose. 

2. 

Citrus  fruits,  other  than  Citrus  aurantium  L.,  originating  in  Argentina  or  Brazil  shall  be 
accompanied  by  a  certificate  referred  to  in  paragraph 1  of  Article 13  of  Directive 
2000/29/EC, officially stating that: 

(a) 

the  fruits  originate  in  an  area  recognised  as  being  free  from  Guignardia  citricarpa 
Kiely (all strains pathogenic to Citrus), in accordance with the procedure referred to 
in Article 18(2) of Directive 2000/29/EC, and mentioned on the certificate; 

 
 
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or 

 (b)  – 

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

and 

– 

the  place  of  production,  the  packing  facilities,  exporters  and  any  other 
operator involved in the handling of the fruits are officially registered for this 
purpose. 

3. 

Fruits covered by this Decision may only enter the Community if their movement, from 
their place of production to the point of  export to the Community, is accompanied by 
documents issued under the authority of and supervised by the National Plant Protection 
Organisation  of  Argentina  or  Brazil  respectively,  as  part  of  a  documentary  system  on 
which information is made available to the Commission. 

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