Corrigenda to Commission Decision 2004/416/EC of 29 April 2004 on temporary emergency measures in respect of certain citrus fruits originating in Argentina or Brazil (OJ L 151, 30.4.2004)
Date: 2004-06-10
Institutions: European Commission
Subjects: Argentina, Brazil, citrus fruit, originating product, parasitology, plant disease, plant health control, protection of plant life

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Corrigenda to Commission Decision 2004/416/EC of 29 April 2004 on temporary emergency measures in
respect of certain citrus fruits originating in Argentina or Brazil

(Official Journal of the European Union L 151 of 30 April 2004)

Decision 2004/416/EC should read as follows:

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,

have not been complied with as regards citrus fruits
imported from Argentina and Brazil.

Having regard to the Treaty establishing the European Com-
munity,

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

Whereas:

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.

(4)

(5)

(6)

(7)

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

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 envi-
saged.

The effect of the emergency measures should be assessed
continually until 30 November 2004, in particular on
information to be provided by Member
the basis of
States. Possible subsequent measures should be consid-
ered 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,

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

HAS ADOPTED THIS DECISION:

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 require-
ments, 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

(1) OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commis-

sion Directive 2004/31/EC (OJ L 85, 23.3.2004, p. 18).

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.

(1)

(2)

(3)

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Article 2

Without prejudice to the provisions of Commission Directive
94/3/EC (1), each Member State importing citrus fruits origin-
ating 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

the situation.

Between 1 May and 30 November 2004, the Commission shall
continually follow the development of
it
becomes apparent that those emergency measures are not suffi-
cient 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.

If

introduction and the spread of Guignardia citricarpa Kiely (all
strains pathogenic to Citrus) and Xanthomonas campestris (all
strains pathogenic to Citrus)
the
measures comply with Articles 1 and 2, and shall forthwith
inform the Commission of the adjusted measures.

in such a manner

that

Article 5

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

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 29 April 2004.

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

For the Commission

David BYRNE

Member of the Commission

(1) OJ L 32, 5.2.1994, p. 37; Corrigendum: OJ L 59, 3.3.1995, p. 30.

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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:

(a) 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;

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

— 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),

and

— the fruits have been subjected to treatment such as sodium orthophenylphenate and mentioned on the certifi-

cate,

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.

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;

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.