Commission Implementing Regulation (EU) 2022/632 of 13 April 2022 setting out temporary measures in respect of specified fruits originating in Argentina, Brazil, South Africa, Uruguay and Zimbabwe to prevent the introduction into, and the spread within, the Union territory of the pest Phyllosticta citricarpa (McAlpine) Van der Aa

CHAPTER I GENERAL PROVISIONS

Article 1

Subject matter

This Regulation lays down measures in respect of specified fruits originating in Argentina, Brazil, South Africa, Uruguay and Zimbabwe to prevent the introduction into, and the spread within, the Union territory of Phyllosticta citricarpa (McAlpine) Van der Aa.

Article 2

Definitions

For the purposes of this Regulation, the following definitions apply:

• (1) ‘specified pest’ means Phyllosticta citricarpa (McAlpine) Van der Aa;

• (2) ‘specified fruits’ means fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruits of Citrus aurantium L. and Citrus latifolia Tanaka.

CHAPTER II INTRODUCTION INTO THE UNION TERRITORY OF SPECIFIED FRUITS, OTHER THAN FRUITS DESTINED EXCLUSIVELY FOR INDUSTRIAL PROCESSING

Article 3

Introduction into the Union territory of specified fruits, other than fruits destined exclusively for industrial processing

By way of derogation from point 60(c) and 60(d) of Annex VII to Implementing Regulation (EU) 2019/2072, the specified fruits originating in Argentina, Brazil, South Africa, Uruguay or Zimbabwe, other than fruits destined exclusively for industrial processing, may only be introduced into the Union territory in accordance with Articles 4 and 5 of this Regulation and if all the conditions laid down in Annexes I to V to this Regulation for the respective country have been fulfilled.

Article 4

Prior notification of the consignments of specified fruits for import into the Union

The professional operators shall submit the Common Health Entry Document only for the consignments of the specified fruits with the traceability codes of the sites of production included in the updated lists referred to in Annex I, point 9, Annex II, point 7, Annex III, point 9, Annex IV, point 7, and Annex V, point 8.

Article 5

Inspection of the specified fruits within the Union, other than fruits destined exclusively for industrial processing

CHAPTER III INTRODUCTION INTO AND MOVEMENT WITHIN THE UNION OF SPECIFIED FRUITS DESTINED EXCLUSIVELY FOR INDUSTRIAL PROCESSING

Article 6

Introduction into and movement within the Union territory of specified fruits destined exclusively for industrial processing

By way of derogation from point 60(e) of Annex VII to Implementing Regulation (EU) 2019/2072, the specified fruits originating in Argentina, Brazil, South Africa, Uruguay or Zimbabwe, destined exclusively for industrial processing, shall only be introduced into, and moved, processed and stored within, the Union territory in accordance with Articles 6 to 10 and if all of the following requirements are fulfilled:

• (a) the specified fruits have been produced in one of those countries in an approved site of production, which has undergone treatments and cultural measures effective against the specified pest at the appropriate time since the beginning of the last cycle of vegetation, and their application has been verified under the official supervision of the National Plant Protection Organisation (‘the NPPO’) of that country;

• (b) the specified fruits have been harvested in approved sites of production and no symptoms of the specified pest have been detected throughout an appropriate physical check carried out during packaging;

• (c) the specified fruits are accompanied by a phytosanitary certificate, which includes all of the following elements:
• (i) the number of packages from each site of production;
• (ii) the identification numbers of the containers;
• (iii) the relevant traceability codes of the sites of production indicated on the individual packages, and under the heading ‘Additional Declaration’ the following statements: ‘The consignment complies with Article 6 of Commission Implementing Regulation (EU) 2022/632’ and ‘Fruits destined exclusively for industrial processing’;

• (d) they are transported in individual packages in a container;

• (e) a label is attached to each individual package referred to in point (d), bearing the following information:
• (i) the traceability code of the site of production on each individual package;
• (ii) the declared net weight of the specified fruit;
• (iii) the statement: ‘Fruit destined exclusively for industrial processing’.

Article 7

Movement of the specified fruits within the Union territory

Article 8

Processing of the specified fruits

Article 9

Storage of the specified fruits

CHAPTER IV FINAL PROVISIONS

Article 10

Notifications

When notifying non-compliances, due to the presence of the specified pest on the specified fruits, to the electronic notification system, Member States shall indicate the traceability code of the respective site of production as provided for in Annex I, point 10, Annex II, point 8, Annex III, point 10, Annex IV, point 8, and Annex V, point 9.

Article 11

Date of expiration

This Regulation shall expire on 31 March 2028.

Article 12

Entry into force and application

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 April 2022. However, Annex II, point 9(d), Annex IV, point 9(d), and Annex V, point 10(d), shall apply from 1 April 2023.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

Conditions for the introduction into the Union territory of specified fruits originating in Argentina as provided for in Article 3

• 1.The specified fruits have been produced in places of production, consisting of one or more sites of production, which have been identified as unique and physically distinct parts of a place of production, and both the place of production and its sites of production have been approved by the NPPO of Argentina for the purpose of export to the Union.

• 2.The approved places of production and the sites of production thereof have been registered by the NPPO of Argentina under their respective traceability codes.

• 3.The specified fruits have been produced in an approved site of production, which has undergone treatments and cultural measures effective against the specified pest, at the appropriate time since the beginning of the last cycle of vegetation, and their application has been verified under the official supervision of the NPPO of Argentina.

• 4.The verification referred to in point 3 is accompanied by sampling to confirm the application of treatments, where those treatments consist of the application of plant protection products, and the sampling has taken into account the non-compliances identified during the preceding growing and export season:

• (a) upon inspections in the field or at the packing facilities, prior to export; or

• (b) upon checks carried out on consignments at the border control posts in the Union.

• 5.Official inspections, consisting of physical checks and, if symptoms are detected, sampling to test for the presence of the specified pest, have been carried out in the approved sites of production since the beginning of the last cycle of vegetation, and the specified pest has not been detected on the specified fruits.

• 6.A sample has been taken:

• (a) upon arrival to the packing facilities, prior to processing, of 200-400 fruits per lot of specified fruits, defined upon arrival in the packing facility;

• (b) along the line between arrival and packing in the packing facilities, of at least 1 % per lot of specified fruits defined in the packing line;

• (c) before departure from the packaging facility, of at least 1 % per lot of specified fruits, defined after packing;

• (d) prior to export, as part of the final official inspection to issue the phytosanitary certificate, of at least 1 % per lot of specified fruits prepared for export.

• 7.All of the specified fruits referred to in point 6 have been sampled, as far as possible, on the basis of any symptom of the specified pest, and all of the sampled fruits referred to in point 6(a) have been found free from that pest on the basis of visual inspections, whereas all of the sampled fruits referred to in points 6(b), 6(c) and 6(d), which showed symptoms of the specified pest, have been tested and found free from that pest.

• 8.The specified fruits have been transported in packages, with each package bearing a label with the traceability code of the site of production from which they originate.

• 9.Before the start of the export season of the specified fruits, the NPPO of Argentina has communicated to the relevant professional operators and to the Commission the list of traceability codes of all approved sites of production per place of production, and any updates to that list have been immediately communicated to the Commission and to the relevant professional operators.

• 10.The specified fruits are accompanied by a phytosanitary certificate, which includes the date of the last inspection and the number of packages from each site of production, the relevant traceability codes, and under the heading ‘Additional Declaration’, the following statement: ‘The consignment complies with Annex I of Commission Implementing Regulation (EU) 2022/632’.

• 11.The specified fruits have been produced in an approved site of production:

• (a) where, during the official inspections referred to in point 5, the specified pest has not been found on the specified fruits;

• (b) which is the origin of the specified fruits as referred to in point 6, on which the specified pest has not been found;

• (c) which is the origin of consignments of the specified fruits, on which the specified pest has not been found during the official checks carried out when entering the Union during the same growing and export season; and

• (d) which is the origin of the specified fruits on which the specified pest has not been found, during the preceding growing and export season, in official inspections in Argentina or the checks carried out on consignments entering the Union.

• 12.Where the specified fruits originate in a site of production located in the same place of production as a site of production where the presence of the specified pest has been confirmed, during the same growing and export season, on the samples referred to in point 6 or during the checks carried out on consignments on entry to the Union, those specified fruits have been exported only after that site of production has been confirmed to be free from the specified pest.

ANNEX II

Conditions for the introduction into the Union territory of specified fruits originating in Brazil as provided for in Article 3

• 1.The specified fruits have been produced in a place of production consisting of one or more sites of production, which have been identified as unique and physically distinct parts of a place of production, and both the place of production and its sites of production have been officially approved by the NPPO of Brazil for the purpose of export to the Union.

• 2.The approved places of production and the sites of production thereof, have been registered by the NPPO of Brazil under their respective traceability codes.

• 3.The specified fruits have been produced in an approved site of production, which has undergone treatments and cultural measures effective against the specified pest at the appropriate time since the beginning of the last cycle of vegetation, and their application has been verified under the official supervision of the NPPO of Brazil.

• 4.Official inspections consisting of physical checks and, if symptoms are detected, sampling to test for the presence of the specified pest, have been carried out in the approved sites of production since the beginning of the last cycle of vegetation, and the specified pest has not been detected in the specified fruits.

• 5.A sample has been taken along the line between arrival and packaging in the packing facilities of at least 600 fruits of each species per batch of 30 tonnes, or part thereof, selected as much as possible on the basis of any symptom of the specified pest, and all sampled fruits showing symptoms have been tested and found free of that pest.

• 6.The specified fruits have been transported in packages, with each package bearing a label with the traceability code of the site of production from which they originate.

• 7.Before the start of the export season of the specified fruits, the NPPO of Brazil has communicated to the relevant professional operators and to the Commission the list of traceability codes of all approved sites of production per place of production, and any updates to that list, have been immediately communicated to the Commission and to the relevant professional operators.

• 8.The specified fruits are accompanied by a phytosanitary certificate, which includes the date of the last inspection and the number of packages from each site of production, the relevant traceability codes, and under the heading ‘Additional Declaration’, the following statement: ‘The consignment complies with Annex II of Commission Implementing Regulation (EU) 2022/632’.

• 9.The specified fruits have been produced in an approved site of production:

• (a) where, during official inspections referred to in point 4, the specified pest has not been found on the specified fruits,

• (b) which is the origin of the specified fruits as referred to in point 5, on which the specified pest has not been found;

• (c) which is the origin of consignments of the specified fruits, on which the specified pest has not been found during the official checks carried out when entering the Union during the same growing and export season; and

• (d) which is the origin of the specified fruits on which the specified pest has not been found, during the preceding growing and export season, in official inspections in Brazil or the checks carried out on consignments entering the Union.

ANNEX III

Conditions for the introduction into the Union territory of specified fruits originating in South Africa as provided for in Article 3

• 1.The specified fruits have been produced in a place of production consisting of one or more sites of production which have been identified as unique and physically distinct parts of a place of production, and both the place of production and its production sites have been approved by the NPPO of South Africa for the purpose of export to the Union.

• 2.The approved places of production and the sites of production thereof have been registered by the NPPO of South Africa under their respective traceability codes.

• 3.The specified fruits have been produced in an approved site of production, which has undergone treatments and cultural measures effective against the specified pest, at the appropriate time since the beginning of the last cycle of vegetation, and their application has been verified under the official supervision of the NPPO of South Africa.

• 4.Official inspections, including testing in the case of doubts, have been carried out in the approved sites of production since the beginning of the last cycle of vegetation by inspectors accredited by the NPPO for the detection of the specified pest, and the specified pest has not been detected in the specified fruits.

• 5.A sample has been taken:

• (a) upon arrival to the packing facilities, prior to processing, of at least 200-400 fruits per lot of specified fruits;

• (b) along the line between arrival and packing in the packing facilities, of at least 1 % of specified fruits;

• (c) before departure from the packing facility, as part of the final official inspection to issue the phytosanitary certificate, of at least 2 % of specified fruits.

• 6.All of the specified fruits referred to in point 5 have been found free from the specified pest on the basis of inspections carried out by accredited inspectors and in the case of doubts of the presence of the specified pest, by testing.

• 7.In the case of Citrus sinensis (L.) Osbeck ‘Valencia’, in addition to the samples referred to in points 5 and 6, a representative sample per batch of 30 tonnes, or part thereof, has been tested for latent infection and found free from the specified pest.

• 8.The specified fruits have been transported in packages, with each package bearing a label with the traceability code of the site of production from which they originate.

• 9.Before the start of the export season of the specified fruits, the NPPO of South Africa has communicated to the relevant professional operators and to the Commission the list of traceability codes of all approved sites of production per place of production, and any updates to that list, have been immediately communicated to the Commission and to the relevant professional operators.

• 10.The specified fruits are accompanied by a phytosanitary certificate, which includes the date of the last inspection and the number of packages from each site of production, the relevant traceability codes, and under the heading ‘Additional Declaration’, the following statement: ‘The consignment complies with Annex III of Commission Implementing Regulation (EU) 2022/632’.

• 11.The specified fruits are produced in an approved site of production:

• (a) where, during the official inspections referred to in point 4, the specified pest has not been found on the specified fruits;

• (b) which is the origin of the specified fruits as referred to in point 5, on which the specified pest has not been found;

• (c) which is the origin of consignments of the specified fruits on which the specified pest has not been found during the official checks carried out when entering the Union during the same growing and export season; and

• (d) which is the origin of the specified fruits on which the specified pest has not been found, during the preceding growing and export season, in official inspections in South Africa or the checks carried out on consignments entering the Union.

ANNEX IV

Conditions for the introduction into the Union of specified fruits originating in Uruguay as provided for in Article 3

• 1.The specified fruits originate in a place of production consisting of one or more sites of production which have been identified as unique and physically distinct parts of a place of production, and both the place of production and its sites of production have been approved by the NPPO of Uruguay for the purpose of export to the Union.

• 2.The approved places of production and the sites of production thereof have been registered by the NPPO of Uruguay under their respective traceability codes.

• 3.The specified fruits have been produced in an approved site of production, which has undergone treatments and cultural measures effective against the specified pest, at the appropriate time since the beginning of the last cycle of vegetation, and their application has been verified under the official supervision of the NPPO of Uruguay.

• 4.Official inspections, consisting in physical checks and, if symptoms are detected, sampling to test for the presence of the specified pest, have been carried out in the approved sites of production since the beginning of the last cycle of vegetation, and the specified pest has not been detected in the specified fruits.

• 5.A sample has been taken along the line between arrival and packaging in the packing facilities of at least 600 fruits of each species per batch of 30 tonnes, or part thereof, selected as much as possible on the basis of any symptom of the specified pest, and all sampled fruits showing symptoms have been tested and found free of that pest.

• 6.The specified fruits have been transported in packages, with each package bearing a label with the traceability code of the site of production from which they originate.

• 7.Before the start of the export season of the specified fruits, the NPPO of Uruguay has communicated to the relevant professional operators and to the Commission the list of traceability codes of all approved sites of production per place of production, and any updates to that list, have been immediately communicated to the Commission and to the relevant professional operators.

• 8.The specified fruits are accompanied by a phytosanitary certificate, which includes the date of the last inspection and the number of packages from each site of production, the relevant traceability codes, and under the heading ‘Additional Declaration’, the following statement: ‘The consignment complies with Annex IV of Commission Implementing Regulation (EU) 2022/632’.

• 9.The specified fruits are produced in an approved site of production:

• (a) where, during official inspections referred to in point 4, the specified pest has not been found on the specified fruits;

• (b) which is the origin of the specified fruits as referred to in point 5, on which the specified pest has not been found;

• (c) which is the origin of consignments of the specified fruits, on which the specified pest has not been found during the official checks carried out when entering the Union during the same growing and export season; and

• (d) which is the origin of the specified fruits on which the specified pest has not been found, during the preceding growing and export season, in official inspections in Uruguay or the checks carried out on consignments entering the Union.

ANNEX V

Conditions for the introduction into the Union of specified fruits originating in Zimbabwe as provided for in Article 3

• 1.The specified fruits have been produced in a place of production consisting of one or more sites of production which have been identified as unique and physically distinct parts of a place of production, and both the place of production and its sites of production have been approved by the NPPO of Zimbabwe for the purpose of export to the Union.

• 2.The approved places of production and the sites of production thereof have been registered by the NPPO of Zimbabwe under their respective traceability codes.

• 3.The specified fruits have been produced in an approved site of production, which has undergone treatments and cultural measures effective against the specified pest, at the appropriate time since the beginning of the last cycle of vegetation, and their application has been verified under the official supervision of the NPPO of Zimbabwe.

• 4.Official inspections, consisting of physical checks and, if symptoms are detected, sampling to test for the presence of the specified pest, have been carried out in the approved sites of production since the beginning of the last cycle of vegetation, and the specified pest has not been detected in the specified fruits.

• 5.A sample has been taken:

• (a) upon arrival to the packing facilities, prior to processing, of at least 200-400 fruits per lot of specified fruits;

• (b) along the line between arrival and packing in the packing facilities, of at least 1 % of specified fruits;

• (c) before departure from the packaging facility, of at least 1 % of specified fruits;

• (d) prior to export, as part of the final official inspection to issue the phytosanitary certificate, of at least 1 % of specified fruits prepared for export.

• 6.All of the specified fruits referred to in point 5 have been sampled, as far as possible, on the basis of any symptom of the specified pest, and all of the sampled fruits referred to in point 5(a) have been found free from that pest on the basis of visual inspections, whereas all of the sampled fruits referred to in points 5(b), 5(c) and 5(d), which showed symptoms of the specified pest, have been tested and found free from that pest.

• 7.The specified fruits have been transported in packages, with each package bearing a label with the traceability code of the site of production from which they originate.

• 8.Before the start of the export season of the specified fruits, the NPPO of Zimbabwe has communicated to the relevant professional operators and to the Commission the list of traceability codes of all approved sites of production per place of production, and any updates to that list, have been immediately communicated to the Commission and to the relevant professional operators.

• 9.The specified fruits are accompanied by a phytosanitary certificate, which includes the date of the last inspection and the number of packages from each site of production, the relevant traceability codes, and under the heading ‘Additional Declaration’, the following statement: ‘The consignment complies with Annex V of Commission Implementing Regulation (EU) 2022/632’.

• 10.The specified fruits are produced in an approved site of production:

• (a) where, during the official inspections referred to in point 4, the specified pest has not been found on the specified fruits;

• (b) which is the origin of the specified fruits as referred to in point 5, on which the specified pest has not been found;

• (c) which is the origin of consignments of the specified fruits, on which the specified pest has not been found during the official checks carried out when entering the Union during the same growing and export season; and

• (d) which is the origin of the specified fruits on which the specified pest has not been found, during the preceding growing and export season, in official inspections in Zimbabwe or the checks carried out on consignments entering the Union.