Commission Directive 98/2/EC of 8 January 1998 amending Annex IV to Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
L 15/34 ‹ EN ‹ Official Journal of the European Communities 21. 1. 98 COMMISSION DIRECTIVE 98/2/EC of 8 January 1998 amending Annex IV to Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community THE COMMISSION OF THE EUROPEAN COMMUNITIES, Article 2 1. Member States shall bring into force the laws, regu- lations and administrative provisions necessary to comply with this Directive with effect from 1 May 1998. They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this directive or shall be accompa- nied by such reference on the occasion of their official publication. The procedure for such a reference shall be adopted by the Member States. 2. The Member States shall immediately communicate to the Commission the essential provisions of domestic law which they adopt in the field governed by this Dir- ective. The Commission shall inform the other Member States thereof. Article 3 This Directive shall enter into force on the day following its publication in the Official Journal of the European Communities. Article 4 This Directive is addressed to the Member States. Done at Brussels, 8 January 1998. For the Commission Franz FISCHLER Member of the Commission Having regard to the Treaty establishing the European Community, Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the intro- duction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), as last amended by Commission Directive 97/14/EC (2), and in particular Article 13, second subparagraph, fourth indent thereof, (all campestris strains pathogenic Whereas some provisions for protective measures aimed at protection against the introduction, on citrus fruit, of Xanthomonas to Citrus), Cercospora angolensis Carv. et Mendes and Guig- nardia citricarpa Kiely (all strains pathogenic to Citrus), which are not present in the Community or in certain Citrus growing zones thereof, should be modified, to have a better protection for the Community against these harmful organisms which are already listed in Council Directive 77/93/EEC; Whereas 77/93/EEC should be amended accordingly; therefore the relevant Annex to Directive Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health, HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 77/93/EEC is hereby amended as indicated in the Annex to this Directive. (1) OJ L 26, 31. 1. 1977, p. 20. (2) OJ L 87, 2. 4. 1997, p. 17. 21. 1. 98 ‹ EN ‹ Official Journal of the European Communities L 15/35 ANNEX In Annex IV, part A, section I, the points 16. 1, 16. 2 and 16. 3 are replaced by the following: ‘16. 1 Fruits of Citrus L. , Fortunella Swingle, Poncirus Raf. , and their hybrids, originating in third countries The fruits shall be free from peduncles and leaves and the packaging shall bear an appropriate origin mark. 16. 2 Fruits of Citrus L. , Fortunella Swingle, Poncirus Raf. , and their hybrids, originating in third countries Without prejudice to the provisions applicable to the fruits in Annex IV(A)(I)(16. 1), (16. 3), (16. 3a) and (16. 4), official statement that: (a) the fruits originate in a country recognised as being free from Xanthomonas campestris (all strains pathogenic to Citrus), in accordance with the procedure laid down in Article 16a, or (b) the fruits originate in an area recognised as being free from Xanthomonas campestris (all strains pathogenic to Citrus) in accordance with the procedure laid down in Article 16a, and mentioned on the certificates referred to in Articles 7 or 8 of this Directive, or (c) either, no regime, — in accordance with an official control and examination of Xanthomonas campestris (all strains patho- genic to Citrus) have been observed in the field of production and in its immediate vici- nity since the beginning of the last cycle of vegetation, symptoms and none of the fruits harvested in the field of production has shown symptoms of Xantho- monas campestris (all strains pathogenic to Citrus), and the fruits have been subjected to treatment such sodium orthophenylphenate, mentioned on the certificates referred to in Articles 7 or 8 of this Directive, as and the fruits have been packed at premises or dispatching this purpose, registered centres for or, — any certification system, recognised as equi- valent to the above provisions in accordance with the procedure laid down in Article 16a, has been complied with. 16. 3 Fruits of Citrus L. , Fortunella Swingle, Poncirus Raf. , and their hybrids, originating in third countries Without prejudice to the provisions applicable to the fruits in Annex IV(A)(I)(16. 1), (16. 2), (16. 3a) and (16. 4), official statement that: (a) the fruits originate in a country recognised as being free from Cercospora angolensis Carv. & Mendes, in accordance with the procedure laid down in Article 16a, or L 15/36 ‹ EN ‹ Official Journal of the European Communities 21. 1. 98 (b) the fruits originate in an area recognised as being free from Cercospora angolensis Carv. & Mendes, in accordance with the procedure laid down in Article 16a, and mentioned on the certificates referred to in Articles 7 or 8 of this Directive, or (c) no symptoms of Cercospora angolensis Carv. & Mendes have been observed in the field of production and in its immediate vicinity since the beginning of the last cycle of vegetation, and none of production has shown, examination, symptoms of this organism. the fruits harvested in the field of in appropriate official 16. 3 (a) Fruits of Citrus L. , Fortunella Swingle, Poncirus Raf. , and their hybrids, other than fruits of Citrus aurantium L. , originating in third countries Without prejudice to the provisions applicable to the fruits in Annex IV(A)(I)(16. 1), (16. 2), (16. 3) and (16. 4), official statement that: (a) the fruits originate in a country recognised as being free from Guignardia citricarpa Kiely (all strains pathogenic to Citrus), in accordance with the procedure laid down in Article 16a, or (b) the fruits originate in an area recognised as being free from Guignardia citricarpa Kiely (all strains pathogenic to Citrus), in accordance with the procedure laid down in Article 16a, and mentioned on the certificates referred to in Articles 7 or 8 of this Directive, or (c) no symptoms of Guignardia citricarpa Kiely (all strains pathogenic to Citrus) have been observed in the field of production and in its immediate vicinity since the beginning of the last cycle of vegetation, and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism, or (d) the fruits originate in a field of production subjected to appropriate against Guignardia citricarpa Kiely (all strains patho- genic to Citrus), and treatments none of production has shown, examination, symptoms of this organism. ’ the fruits harvested in the field of in appropriate official