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31.1.2013 Official
Journal
of
the
European
Union L
31/75
DECISIONS
COMMISSION IMPLEMENTING DECISION
of 29 January 2013
amending Decision 2004/416/EC on temporary emergency measures in respect of certain citrus
fruits originating in Brazil
(notified under document C(2013) 339)
(2013/67/EU)
THE EUROPEAN COMMISSION,
(2) Articles 1, 2 and 3 are replaced by the following:
Having regard to the Treaty on the Functioning of the European
‘Article 1
Union,
By way of derogation from point 16.4 of Section I of Part A
Having regard to Council Directive 2000/29/EC of 8 May 2000
of Annex IV to Directive 2000/29/EC, fruits of Citrus L.,
on protective measures against the introduction into the
Fortunella Swingle, Poncirus Raf., and their hybrids (here
Community of organisms harmful to plants or plant products
inafter referred to as citrus fruits), originating in Brazil,
and against their spread within the Community (
may only be introduced into the Union territory if they

1 ), and in
particular the fourth sentence of Article 16(3) thereof,
comply with the requirements laid down in the Annex to
this Decision.
Whereas:
Article 2
(1) Commission
Decision
2004/416/EC
( 2 ) lays down
Without prejudice to the provisions of Commission
temporary emergency measures aimed at providing
Directive 94/3/EC (*), each Member State importing citrus
strengthened prevention of the entry of harmful
fruits originating in Brazil shall provide the Commission
organisms, and in particular of Guignardia citricarpa
and the other Member States, by 31 December of each
Kiely and Xanthomonas campestris in respect of fruits of
year, with a detailed technical report on the results of
Citrus L., Fortunella Swingle, Poncirus Raf., and their
plant health checks carried out on those fruits in accordance
hybrids, originating in Brazil.
with Article 13(1) of Directive 2000/29/EC between 1 May
and 30 November of the same year.
(2)
It appears from available information that temporary
emergency measures regarding Xanthomonas campestris
Article 3
are not necessary.
Between 1 May and 30 November of each year, the
(3)
In view of the developments over the past years, it
Commission shall continually follow the development of
should be provided for that the provisions on the
the situation. If it becomes apparent that those emergency
remaining measures still apply.
measures are not sufficient to prevent the entry of Guig
nardia citricarpa Kiely (all strains pathogenic to Citrus) or
(4) Decision
2004/416/EC
should
therefore
be
amended
have not been complied with, the Commission shall take
accordingly.
more stringent or alternative measures, under the procedure
laid down in Article 16(3) of Directive 2000/29/EC.
(5) The
measures
provided
for
in
this
Decision
are
in
accordance with the opinion of the Standing
___________
Committee on Plant Health,
(*) OJ L 32, 5.2.1994, p. 37.’;
HAS ADOPTED THIS DECISION:
(3) in Article 5, the words ‘2008 at the latest’ are replaced by
Article 1
the words ‘of each year’;
Decision 2004/416/EC is amended as follows:
(4) the Annex is amended as follows:
(1) the title is replaced by the following:
(a) the introductory words are replaced by the following:
‘Commission Decision 2004/416/EC of 29 April 2004
on emergency measures in respect of certain citrus
‘Without prejudice to the provisions applicable to the
fruits originating in Brazil’.;
fruits in points 16.1, 16.2, 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 ) OJ L 169, 10.7.2000, p. 1.
( 2 ) OJ L 151, 30.4.2004, p. 76.
(b) point 1 is deleted.

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L 31/76
EN
Official Journal of the European Union
31.1.2013
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 29 January 2013.
For the Commission
Tonio BORG
Member of the Commission

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Document Outline

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