Substituted by Commission Implementing Decision (EU) 2018/85 of 18 January 2018 amending Implementing Decision (EU) 2016/715 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organism Phyllosticta citricarpa (McAlpine) Van der Aa (notified under document C(2018) 92).

http://www.legislation.gov.uk/eudn/2016/715/chapter/IIICommission Implementing Decision (EU) 2016/715 of 11 May 2016 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organism Phyllosticta citricarpa (McAlpine) Van der Aa (notified under document C(2016) 2684)Commission Implementing Decision (EU) 2016/715Commission Implementing Decision (EU) 2016/715 of 11 May 2016 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organism Phyllosticta citricarpa (McAlpine) Van der Aa (notified under document C(2016) 2684)2020-12-18King's Printer of Acts of Parliamenthttps://webarchive.nationalarchives.gov.uk/eu-exit/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02016D0715-20190320texttext/xmlen2019-03-20CHAPTER IIIMEASURES ON SPECIFIED FRUITS DESTINED EXCLUSIVELY FOR INDUSTRIAL PROCESSING INTO JUICE
Article 8Introduction into, and movement within, the Union of specified fruits destined exclusively for industrial processing into juice1.

By way of derogation from point 16.4(e) of Section I of Part A of Annex IV to Directive 2000/29/EC, specified fruits originating in Argentina, Brazil, South Africa or Uruguay, destined exclusively for industrial processing into juice, shall only be introduced into, and moved within, the Union in accordance with Articles 9 to 17 of this Decision.

2.

Paragraph 1 of this Article shall apply without prejudice to the requirements laid down in points 16.1, 16.2, 16.3, 16.5 and 16.6 of Section I of Part A of Annex IV to Directive 2000/29/EC.

Article 9Phytosanitary certificates1.

The specified fruits shall be accompanied by a phytosanitary certificate, as referred to in the first subparagraph of point (ii) of Article 13(1) of Directive 2000/29/EC. The phytosanitary certificate shall include the following elements under the heading ‘Additional Declaration’:

(a)

a statement that the specified fruits originate in a field of production subjected to appropriate treatments against Phyllosticta citricarpa carried out at the appropriate time;

(b)

a statement that an appropriate official visual inspection has been carried out during packaging and no symptoms of Phyllosticta citricarpa have been detected in the specified fruits harvested in the field of production in that inspection;

(c)

the words ‘Fruit destined exclusively for industrial processing into juice’.

2.

The phytosanitary certificate shall include the identification numbers of the containers and the unique numbers of the labels on the individual packages as referred to in Article 17.

Article 10Traceability requirements and movement of the specified fruits within the third country of origin

For traceability purposes, the specified fruits shall only be introduced into the Union if they originate in an officially registered place of production, and there has been an official registration of the movement of those fruits from the place of production to the point of export into the Union. The registered production unit code shall be mentioned on the phytosanitary certificate referred to in the first subparagraph of point (ii) of Article 13(1) of Directive 2000/29/EC under the heading ‘Additional declaration’.

Article 11Points of entry of the specified fruits1.

The specified fruits shall be introduced through points of entry, designated by the Member State in which those points of entry are situated.

2.

Member States shall notify the designated points of entry and the name and address of the official body of each point of entry sufficiently in advance to the other Member States, the Commission and the third countries concerned.

Article 12Inspections at the points of entry of the specified fruits1.

The specified fruits shall be visually inspected by the responsible official body at the point of entry.

2.

If symptoms of Phyllosticta citricarpa are detected during the inspections, the presence of that harmful organism shall be confirmed or refuted by testing. If the presence of the harmful organism is confirmed, the batch from which the sample has been taken shall be subjected to refusal of entry into the Union.

Article 13Requirements for importers1.

The importers of the specified fruits shall notify details of each container prior to its arrival at the point of entry to the responsible official body in the Member State in which the point of entry is situated, and where applicable, to the responsible official body of the Member State where the processing will take place.

That notification shall provide the following information:

(a)

the volume of the specified citrus fruits;

(b)

the identification numbers of the containers;

(c)

the expected date of introduction and point of entry into the Union;

(d)

the names, addresses and the locations of the premises referred to in Article 15.

2.

The importers shall inform the responsible official bodies referred to in paragraph 1 of any changes to the information listed in that paragraph, as soon as they are known and, in any case, prior to the arrival of the consignment at the point of entry.

Article 14Movement of the specified fruits within the Union1.

Specified fruits shall not be moved to a Member State other than the Member State through which they were introduced into the Union unless the responsible official bodies of the Member States concerned agree that such movement takes place.

2.

After the inspections referred to in Article 12 are carried out, the specified fruits shall be directly and without delay transported into the processing premises referred to in Article 15 or to a storage facility. Any movement of the specified fruits shall be under the supervision of the responsible official body of the Member State where the point of entry is situated and, where appropriate, of the Member State where the processing will take place.

3.

The Member States concerned shall cooperate to ensure that this Article is complied with.

Article 15Requirements concerning processing of the specified fruits1.

The specified fruits shall be processed into juice at premises situated in an area where no citrus fruit is produced. The premises shall be officially registered and approved for that purpose by the responsible official body of the Member State in which the premises are situated.

2.

Waste and by-products of the specified fruits shall be used or destroyed in the territory of the Member State where those fruits have been processed in an area where no citrus fruit is produced.

3.

The waste and by-products shall be destroyed by deep burial or used by a method approved by the responsible official body of the Member State where the specified fruits have been processed and under the supervision of that official body, in a way to prevent any potential risk for spreading of Phyllosticta citricarpa.

4.

The processor shall keep records of the specified fruits that are processed and make them available to the responsible official body of the Member State where the specified fruits have been processed. Those records shall indicate the numbers and distinguishing marks of containers, the volumes of the specified fruits imported, the volumes of waste and by-products used or destroyed and detailed information on their use or destruction.

Article 16Requirements concerning storage of the specified fruits1.

Where the specified fruits are not processed immediately, they shall be stored at a facility registered and approved for that purpose by the responsible official body of the Member State where the facility is situated.

2.

The batches of specified fruits shall remain separately identifiable.

3.

The specified fruits shall be stored in a way which prevents any potential risk of spreading of Phyllosticta citricarpa.

Article 17Containers, packages and labelling

The specified fruits shall be introduced into, and moved within, the Union if the following conditions have been fulfilled:

(a)

they are included in individual packages in a container;

(b)

a label is attached to each container and individual package referred to in point (a), bearing the following information:

(i)

a unique number on each individual package;

(ii)

the declared net weight of the fruit;

(iii)

a mark stating: ‘Fruit destined exclusively for industrial processing into juice.’.