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

• Coming into Force: 30 April 2004
• End of Effective Date: 31 May 2016
• Celex Number: 32004D0416
• ELI: http://data.europa.eu/eli/dec/2004/416/oj
• Published date: 30 April 2004
• Date: 29 April 2004
• Official Gazette Publication: Official Journal of the European Union, L 151, 30 April 2004

30.4.2004 EN Official Journal of the European Communities L 151/76

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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) 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.

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

(3) 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.

(5) 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.

(6) 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.

(7) 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...