Subject: Agreement between South Africa and the European Union concerning cold storage of citrus fruit
On 11 August 2022, the South African Government drew attention to the unilateral interruption to the transit and shipment of 2 000 containers of South African citrus fruit at the ports of several Member States, including France, Germany, Spain and Denmark, because of a failure to comply with the rules on cold storage and treatment applicable in the EU since 24 June. The South African Government maintains that these citrus fruits were shipped before that date and it had agreed with the Commission that these products would be exempt from complying with the new rules. South Africa also reported the European Union to the World Trade Organization for submitting its oranges to cold treatment.
In light of the above:
1. What are the details of the agreement which the South African Government claims it had reached with the Commission?
2. How does the Commission intend to protect citrus production in Spain in the face of infestations of pests from imported produce on European farms?
3. How does it intend to protect citrus production in Spain in the face of competitive disadvantage tactics and South Africa’s complaint to the WTO?
Answer given by Ms Kyriakides on behalf of the European Commission
(22 November 2022)
The Commission did not make any agreement with South Africa on cold treatment for non-compliant consignments of oranges.
Cold treatment on certain non-compliant consignments of oranges from South Africa was carried out at EU ports based on Article 66(3)(c) Regulation (EU) 2017/625 (1) on ‘special treatment’.
Member States decided to complete the cold treatment at the arrival to avoid the destruction of the fruits, while still guaranteeing the proper level of phytosanitary protection.
The Commission clarified to South Africa that the application of that ‘special treatment’ by Member States may only be exceptional and temporary, due to the application of new phytosanitary measures (2), and that in the future South Africa was expected to comply with the required phytosanitary measures.
The Commission together with the Member States monitor closely the citrus imports and act where necessary. Regulation (EU) 2019/2072 (3), prohibits the import of citrus plants to the EU, and sets specific import requirements for citrus greening, citrus black spot, citrus canker, false codling moth and fruit flies.
Its latest amendment reinforced the measures against false codling moth, which include an obligatory cold treatment for oranges. Regulation (EU) 2022/632 (4) on temporary measures for citrus black spot included Zimbabwe and strengthened the measures for Argentina, Brazil, South Africa, and Uruguay.
The matter of plant health carries great importance for the EU. The EU is constructively engaged in the ongoing World Trade Organisation (WTO) consultations with South Africa.
The EU stands firmly by its phytosanitary measures and is confident of their compatibility with the WTO rules.
⋅1∙ https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R0625&from=EN
⋅2∙ https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022R0959&from=EN
⋅3∙ https://eur‐lex.europa.eu/legal‐content/EN/TXT/?uri=CELEX%3A02019R2072‐20220714&qid=1666172212000
⋅4∙ https://eur-lex.europa.eu/eli/reg_impl/2022/632