EUROPEAN COMMISSION HEALTH AND CONSUMERS DIRECTORATE-GENERAL

Transcription

1 Ref. Ares(2012) /05/2012 EUROPEAN COMMISSION HEALTH AND CONSUMERS DIRECTORATE-GENERAL Directorate F - Food and Veterinary Office DG(SANCO) MR FINAL FINAL REPORT OF AN AUDIT CARRIED OUT IN BRAZIL FROM 07 TO 18 NOVEMBER 2011 IN ORDER TO EVALUATE THE SYSTEM OF OFFICIAL CONTROLS AND CERTIFICATION OF CITRUS FRUIT FOR EXPORT TO THE EUROPEAN UNION In response to information provided by the Competent Authority, any factual error noted in the draft report has been corrected; any clarification appears in the form of a footnote.

2 Executive Summary This report describes the outcome of an audit carried out by the Food and Veterinary Office (FVO) in Brazil from 7 to 18 November The objectives of the audit included the evaluation of the system of official controls and the certification of citrus fruit for export to the European Union (EU), changes to the system since the previous FVO mission in 2005 and the action taken in response to findings of Citrus black spot (CBS) by the Brazilian authorities. The FVO team also gathered information following a request for recognition of a place of production of citrus fruit as being free from citrus canker. This was the third audit by the FVO relating to the export of citrus fruits since the introduction of emergency measures (Commission Decision 2004/416/EC) in 2004, in response to a high number of interceptions of CBS at that time. The current audit was undertaken due to the ongoing interceptions of CBS notified by EU Member States. The FVO team found that the distribution of CBS and citrus canker has increased; both are now present in areas currently recognised by the EU as being free from these harmful organisms. The incidence of citrus canker remains low and the disease is subject to mandatory eradication measures in Brazil. In contrast, CBS is widespread in the many citrus producing areas and control measures, if any, are limited. The system of export controls for citrus fruits has been strengthened since the previous mission, with the introduction of official checks of places of production. Additional measures, including induction testing are also carried out prior to harvest. However, no systematic checks are carried out to ensure that none of the fruit harvested from each place of production is free from CBS, although required by Decision 2004/416/EC, and phytosanitary certificates are issued, in certain cases, for fruit coming from places where CBS is found in subsequent checks, after processing and packing, of fruit originating in the same place, which is not in line with the above Decision or ISPM 12. It is concluded that these shortcomings, together with the high pressure of CBS, means that there is a high risk of introduction of CBS on citrus fruit exported from Brazil to the EU. Recommendations are included in the report intended to address the shortcomings identified. I

3 Table of Contents 1 INTRODUCTION OBJECTIVES LEGAL BASIS BACKGROUND NOTIFICATION OF INTERCEPTION PRODUCTION AND TRADE INFORMATION PRODUCTION EXPORTS CITRUS CANKER AND CITRUS BLACK SPOT FINDINGS AND CONCLUSIONS ORGANISATIONAL ASPECTS OF PLANT HEALTH CONTROLS NATIONAL PLANT PROTECTION ORGANISATION TRAINING AND GUIDELINES COMMUNICATION WITH STAKEHOLDERS LABORATORY AND DIAGNOSTICS PHYTOSANITARY STATUS SITUATION OF SPECIFIC QUARANTINE DISEASES EXPORT PROCEDURES, REGISTRATION AND TRACEABILITY OF CONSIGNMENTS REGISTRATION DOCUMENTATION AND TRACEABILITY OF CONSIGNMENTS EXPORT CHECKS FIELD OF PRODUCTION PACK HOUSE SYSTEM OF SUPERVISION POINT OF EXIT AND CERTIFICATION ACTION TAKEN IN RESPONSE OF INTERNAL INTERCEPTIONS AND THOSE REPORTED BY EU MEMBER STATES ACTION TAKEN IN RESPONSE TO INTERNAL INTERCEPTIONS ACTION TAKEN IN RESPONSE TO NOTIFICATIONS OF INTERCEPTION BY EU MEMBER STATES SITUATION IN RELATION TO THE REQUEST SUBMITTED BY THE NPPO OF BRAZIL FOR RECOGNITION OF A PLACE OF PRODUCTION FREE FROM CITRUS CANKER OVERALL CONCLUSIONS CLOSING MEETING RECOMMENDATIONS...19 ANNEX 1 - LEGAL REFERENCES...20 II

4 ABBREVIATIONS AND DEFINITIONS USED IN THIS REPORT Abbreviation CBS CDA CFO CFOC CITRUS CANKER DDA DSV EU EUROPHYT FUNDECITRUS FVO Ha IMA IPPC ISPM Lemon MAPA Explanation Citrus black spot - disease caused by the fungus Guignardia citricarpa Kiely (all strains pathogenic to Citrus) Coordenadoria de Defesa Agropecuaria (State Body of Animal and Plant Health and Inspection in São Paulo State) Certificado Fitossanitário de Origem (Phytosanitary Certificate of Origin) Certificado Fitossanitário de Origem Consolidado (Consolidated CFO) Disease caused by the bacterium Xanthomonas campestris pv. citri (Hasse) Dye (all strains pathogenic to Citrus), or Xanthomonas axonopodis pv. citri (Hasse) Vauterin et al Divisao de Defesa Agropecuaria (Agriculture and Livestock Protection Unit) Departamento de Sanidade Vegetal (Plant Health Department) European Union European Network of Plant Health Information Systems-in this report it refers only to the component constituting the Community's notification system for interceptions for plant health reasons. Fundo de Defesa da Citricultura (Citricultural Protection Trust) Food and Veterinary Office of the European Commission Hectare Instituto Mineiro Agropecuario (State Body of Animal and Plant Health and Inspection in Minas Gerais State) International Plant Protection Convention International Standard for Phytosanitary Measures Citrus limon Ministerio da Agricultura, Pecuaria e Abastecimento (Ministry of Agriculture Livestock and Food Supply) III

5 MS NPPO PC PFA PTV PU SDA SFA t Tahiti lime TM VIGIAGRO Member State of the EU National Plant Protection Organisation Phytosanitary Certificate Pest Free Area Permissao de Transito de Vegetais (Transit Permit for Plant Material) Production Unit - equivalent to 'place of production' Secretariat of Agriculture and Livestock Protection of MAPA (Secretaria de Defesa Agropecuaria) Superintendencia Federal de Agricultura (Federal Agricultural Branch in States of Brazil) Metric tonne Citrus latifolia Responsavel Tecnico (Technical Manager) Servico de Vigilancia Agropecuario Internacional (Import-export Agriculture and Livestock Inspection Service) IV

6 1 INTRODUCTION This audit took place in Brazil from 7 to 18 November 2011, and was undertaken as a part of the Food and Veterinary Office (FVO) planned audit programme. The FVO team consisted of 2 auditors from the FVO and an national expert from an EU Member States. Representatives from the National Plant Protection Organisation (NPPO) accompanied the FVO team during the audit. An opening meeting was held on 7 November at the Superintendencia Federal de Agricultura (SFA) in São Paulo, during which the objectives and itinerary for the audit were confirmed and additional information, necessary for the conduct of the audit, was requested. 2 OBJECTIVES The objectives of the audit were to: Evaluate the system of official plant health controls and the certification of citrus fruit for export to the European Union (EU), according to the requirements of Council Directive 2000/29/EC and Commission Decision 2004/416/EC and the changes introduced in the system since the last FVO mission in 2005 (No.: DG(SANCO) 7685/2005); The follow up measures taken in response to the EU notifications of interception and action taken in response to interceptions made by the Brazilian authorities as a result of their official control and examination regime. In pursuit of these objectives, the following sites were visited: Competent authority visits State Body of Animal and Plant Health and Inspection Laboratory visits Comments 2 Regional and local offices Campinas and Botucatu (São Paulo State) Comments Laboratory accredited for 1 Unidade de Pesquisa e Desenvolvimento de induction test Sorocaba in Sorocaba Research Institute 1 Fundecitrus Araraquara Plant health control sites Comments Places of production 5 São Paulo State and Minas Gerais State Pack-house 1 Araraquara Port 1 Santos Place of production free from citrus canker 1 Belo Horizonte 3 LEGAL BASIS The audit was carried out under the provisions of Articles 21 and 27a of Council Directive 2000/29/EC, and by agreement with the NPPO of Brazil. 1

7 All Community legislation referred to in this report is listed in Annex I to this report. Reference to legislation is to the latest amended version, where applicable. International Standards for Phytosanitary Measures (ISPMs) are issued by the International Plant Protection Convention of which both the EU and Brazil are members. These standards are recognised as international benchmarks for phytosanitary control and Article X (4) of the International Plant Protection Convention establishes that contracting parties should take into account, as appropriate, international standards when undertaking activities related to the Convention. The International Standards for Phytosanitary Measures of particular relevance to this audit are listed in Annex II. The full text of all adopted ISPMs is available on the International Phytosanitary Portal of the International Plant Protection Convention ( ). 4 BACKGROUND This was the fourth audit carried out by the FVO to Brazil related to the export of citrus fruits and the third since the introduction of the emergency measures by Commission Decision 2004/416/EC. The previous missions took place in 2000, 2004, and The reports of these (ref DG/SANCO/ , DG(SANCO) and DG(SANCO) ) are available on the FVO s website: http ://ec.europa. eu/food/fvo/ir_search_en.cfm. Prior to the audit, the NPPO of Brazil submitted an application for the recognition of a new pest free place of production according to the ISPM 10 for the causal agent of citrus canker. The orchard has an organic production of Tahiti lime and wants to avoid the treatment with sodium hydrochloride, required by the EU Decision for fruits coming from areas infested with citrus cancer, as it is not approved for organic production. A visit to the orchard was added to the itinerary of the audit. The findings of the visit are described in section NOTIFICATION OF INTERCEPTION The audit was planned as a consequence of a significant increase in the number of interceptions of Brazilian citrus exported to the EU. In 2009 there were 36 interceptions due to infestation with citrus black spot (CBS). In 2010 there were 6 and between 1 January and 20 November 2011 there were 48. No interceptions of citrus canker on fruits originating in Brazil have been reported since PRODUCTION AND TRADE INFORMATION Production The annual production of citrus in 2009 in Brazil was nearly 20,000,000 tons on more than 900,000 hectares according to the data received from the NPPO. The citrus is produced in all regions of the country, especially the Southeast, Northeast and South. However, the largest producer with about 70% of the national production is the State of São Paulo. According to the Brazilian Institute of Geography and Statistics (IBGE), the State of São Paulo was responsible for the production of 14,731,323 tons of citrus in 2009, in an area of 607,415 hectares, amounts equivalent to 74.85% of the national production and 67.27% of the total cropping area. In terms of planted area for 2009, the states of Bahia (59,370 ha), Sergipe (54,485 ha), Rio Grande do Sul (41,306 ha), Minas Gerais (40,450 ha) and Paraná ( 31,383 ha) have been the most important states. 2

8 Table 1: Total area planted with citrus, by type (source: NPPO) Type Area (ha) % of total area Oranges 802, Grapefruit 4, Soft citrus 54, Lemon 41, Total 902, % The geographical distribution of main production areas for citrus fruit in Brazil is presented on a map below. Figure1: Distribution of main citrus production areas in Brazil 3

9 The FVO visited the State of São Paulo and the State of Minas Gerais. In the State of São Paulo, the State has a total of 19,172 citrus-producing properties. The registered 19,172 citrus-producing properties represent a total of 99,683 Production Units (PU). For the current harvest, four companies were registered for export to EU, with 899 Production Units in total. However, only two companies have effectively performed all the procedures linked to the export certification for EU. One of the companies has 22 properties (farms) registered with 795 PU in São Paulo State while the second company has 2 properties of 25 PU. Out of the 795 PU and 25 PU only 108 and 3 PU respectively were authorised for export to the EU in the 2011 season. In the State of Minas Gerais, out of 1,468 Production Units 262 applied for registration under the export certification for EU and only 37 PUs were approved. The approved PUs are distributed between six registered properties all belonging to the same company located in São Paulo State Exports In 2009, exports to the European Union amounted to 0.4% of the citrus fruit produced in Brazil, according to export data obtained from the NPPO. The majority of the citrus fresh fruit exported from Brazil is destined to the EU market, as presented in table 2 below. For 2010, only the production data for orange was available. 0.2% of the production of orange fruit have been exported to the EU. Table 2: Percentage of the total fresh citrus fruits exported from Brazil that were destined to EU Member states in 2009, 2010 (source: NPPO) Citrus 2009 (%) 2010 (%) Orange Grapefruit Soft citrus Lemon CITRUS CANKER AND CITRUS BLACK SPOT CBS is caused by the fungus Guignardia citricarpa while citrus canker is caused by the bacterium Xanthomonas axonopodis pv. citri, which in EU legislation is referred to as Xanthomonas campestris pv. citri. These are present in both citrus producing regions of Brazil visited by the FVO team. Neither have been found in Europe and both are listed as harmful organisms in Annex II Part A Section I to Council Directive 2000/29/EC. The Directive and Commission Decision 2004/416/EC include a number of special requirements that should be met in order for susceptible fruits to be imported into the EU. The status of CBS and citrus canker in Brazil is detailed in section and the implementation of the special requirements is described in section 5.3 below. 4

10 5 FINDINGS AND CONCLUSIONS 5.1 ORGANISATIONAL ASPECTS OF PLANT HEALTH CONTROLS Legal basis Article 2(1)(i) of Council Directive 2000/29/EC establishes the requirements for a measure or statement, to be considered as 'official'. In particular, ' if it is made by representatives of the official national plant protection organisation of a third country, or, under their responsibility, by other public officers who are technically qualified and duly authorized ' ISPM 7 describes the basic elements of the phytosanitary certification process and the requirements for a certification system to fulfil these functions. Sections 1 (Legal Authority), 2 (Management responsibility), 3 (Resources), 4.3 (Procedures), 5 (Communication) and 6 (Review mechanism) are of particular relevance. ISPM 23 describes the objectives and requirements for inspections. Of particular relevance here, are sections 1.3 (responsibility for inspection) and 1.4 (Requirements for inspectors). Findings National Plant Protection Organisation The National Plant Protection Organization in accordance with the International Plant Protection Organization (IPPC-FAO) in Brazil is the Plant Health Department, Departamento de Sanidade Vegetal (DSV). The plant health organisation in Brazil is divided in two levels, each one with specific competences and roles. The federal level, DSV is part of the Secretaria de Defesa Agropecuaria (SDA) of the Ministry of Agriculture Livestock and Food Supply, Ministerio da Agricultura, Pecuaria e Abastecimento (MAPA). It is responsible for issuing national plant health legislation and regulating, coordinating and auditing national plant health policies. In addition: In each of the 26 States of the federation there is a representation of the MAPA, the Superintendencias Federais de Agricultura (SFA), where the Agriculture and Livestock Protection Unit, Divisao de Defesa Agropecuaria (DDA) is responsible for operational activities of the plant health and inspection system in the State as well as for supervision and audit the work of the state bodies. There are 150 federal plant health inspectors in Brazil. The Import-export Agriculture and Livestock Inspection Service, Servico de Vigilancia Agropecuario Internacional VIGIAGRO also from SDA/MAPA carries out the plant health inspections at export and import in ports, airports and border posts. For performing these tasks VIGIAGRO has 270 federal inspectors. The second level, the State government bodies, is responsible for implementing plant health policies in each State, carrying out inspections of fields of production, supervising eradication campaigns and auditing the technical managers, Responsavel Tecnico (TM) from the private sector. In São Paulo the state government body is the State Body of Animal and Plant Health and Inspection in 5

11 São Paulo State, Coordenadoria de Defesa Agropecuaria (CDA) while the State Body of Animal and Plant Health and Inspection in Minas Gerais State, Instituto Mineiro Agropecuario (IMA) is the state government body for Minas Gerais (hereafter `State bodies`). The TM are agronomists employed by the private sector and accredited for some tasks by the State bodies. The tasks and responsibilities of TM are as described in the 2005 mission report. There is a clear structure of responsibilities and division of tasks in regards to the citrus export certification system. Findings Training and guidelines The state inspectors are trained by MAPA and research institutions. The training covers several areas of the programme namely, legislation, citrus pests and procedures. Also, periodic meetings take place with the elements involved in the programme for planning; update information, harmonizing procedures and exchange of experiences. The State body has also produced several technical manuals and manuals of procedures for the participants in the programme. The State inspectors from CDA met by the audit team were trained and showed good knowledge of the programme and EU import requirements. The training of the federal inspectors follows the same approach giving technical expertise needed for the programme and knowledge of the pests of concern. During the visits the audit team noted that: The federal inspectors in the pack house were aware of the citrus pests and relevant symptoms and had access to the guidelines and manuals; The federal inspector met at Santos port was not aware of the certification programme requirements and had limited knowledge of the relevant EU quarantine pests or symptoms. The inspector stated that he had not participated in any training linked to the citrus certification and had no guidelines available. The NPPO explained that this is due to the fact that only inspections of Tahiti lime, Citrus latifolia (which is considered by Brazil as a non host for CBS and is excluded from the citrus certification system) take place in the port. There is regular training organised by State bodies with the involvement of the research institutes for the TM, designated professional staff of the private sector. Following the training and successful examination they receive an accreditation per pest that gives them the right to issue Phytosanitary Certificate of Origin, Certificado Fitossanitário de Origem (CFO) at the place of production and Consolidated CFO, Certificado Fitossanitário de Origem Consolidado (CFOC) in the pack house. Furthermore, regular meetings take place between the State bodies, Federal bodies and private sector (TM), to provide updates on administrative procedures and implementation of new legislation. During site visit, the audit team noted that: 6

12 The technical manuals used by the TM were very comprehensive; The TM had also detailed guidelines for pest controls and treatments. The state inspectors as well as federal inspectors involved in the export certification system are trained and have access to guidelines and information with the exception of inspectors involved in the export control of Citrus latifolia. There is regular and comprehensive training provided to the designated professional staff of the private sector. Findings Communication with stakeholders There are very few producers of citrus fruits exporting to the EU, which makes the communication easy. There are regular meetings and contacts between the official services and the private sector. Technical information is also available to the producers from the research institutions. Regular training of TM, as described in point , is a major source of communication and cooperation between the Research institutes, laboratories, the State and Federal bodies and stakeholders. There is a good communication between the State and Federal bodies, research and private stakeholders. Findings Laboratory and diagnostics Recommendation (7) of the 2005 report was to: Improve communication between the official laboratories and harmonisation of sampling procedures at farm level concerning the induction test for Guignardia citricarpa. The team visited the Unidade de Pesquisa e Desenvolvimento de Sorocaba laboratory in Sorocaba. This unit performs tests for the detection of CBS, in particular induction testing for CBS. The steps for the test are: dipping of the fruits in a ethephon solution (750 ppm) during 5 minutes followed by incubation at temperatures above 25 C in continuous light condition for 28 days. After this period the fruits are examined directly or under a microscope for CBS symptom detection. If symptoms appear there is a diagnosis confirmation by isolation of Guignardia citricarpa. In 2011, the laboratory received for induction 15,224 fruits, from 190 PU and 38 PU were positive. The laboratory visited was well equipped and the staff met had a good knowledge and experience. The sampling for induction testing has been changed since the last mission. The sampling procedures for harmonised implementation are now included in the national legislation (NI 3/2008) and described in relevant guidelines. 7

13 According to the procedures, the sampling should be done at least 30 days before harvesting in 1% of the trees in the PU. It consists of at least one fully matured fruit per tree, collected in declining trees, in the lower part of the canopy, in the part of the tree exposed to the sun. Each sample must have 20 fruits and is collected by the TM preferably in presence of the state inspector. During site visits, the FVO team noted that: All TM met were aware of the sampling procedures; In the majority of cases examined the State inspectors were not present during the collection of samples for induction testing. The laboratory visited was well equipped and had experienced staff for performing the induction test and detection of CBS. The sampling procedure for the induction testing is now harmonised therefore the recommendation (7) of the 2005 report was addressed. 5.2 PHYTOSANITARY STATUS Legal basis Annex I Part A Section I and Annex II Part A Section I to Council Directive 2000/29/EC list those harmful organisms that are not known to occur in the Community and whose introduction and movement within the Community is banned. These organisms include CBS, citrus canker, citrus scab and non-european Tephritidae (fruit flies). Points 16(2), 16(4) and 16(5) of Annex IV Part A Section I to Directive 2000/29/EC establishes specific requirements, with respect to citrus canker, CBS and fruit flies, which must be met in order for Citrus fruits to be exported to the European Union. These vary, depending on the status of the relevant diseases in the country of origin. Commission Decision 2006/473/EC recognise Brazil with exception of the States of Rio Grande do Sul, Santa Catarina, Paraná, São Paulo, Minas Gerais and Mato Grosso do Sul as being free from Xanthomonas campestris (all strains pathogenic to Citrus) and areas, with the exception of States of Rio de Janeiro, São Paulo and Rio Grande do Sul, as being free from G. citricarpa (all strains pathogenic to Citrus). The same Decision recognises the country as being free from Cercospora angolensis. ISPM 4 details the requirements for the establishment of PFAs. In particular, Section 1.2 includes the three components in establishing and maintaining a PFA: systems to establish freedom (surveys and general surveillance), phytosanitary measures to maintain freedom, and checks to verify freedom has been maintained. ISPM 6 establishes guidelines for surveillance. ISPM 8 describes the use of pest records and other information in the determination of pest status in an area. ISPM 29 describes the requirements and procedures for the recognition of PFAs. 8

14 5.2.1 Situation of specific quarantine diseases Findings Since the last mission in 2005 both harmful organisms; citrus canker and citrus black spot have spread to previously free states, as stated by the NPPO. In addition to the five states (Rio Grande do Sul, Santa Catarina, Paraná, São Paulo, Minas Gerais and Mato Grosso do Sul) listed in the Decision as being infested, citrus canker was found in the States of Mato Grosso and Roraima. The national legislation, Normative Instructions 52/2007 was updated and contains the full list of infested states. The same applies to CBS, which according to the Decision was present in Rio de Janeiro, São Paulo and Rio Grande do Sul. Based on the same Normative Instructions 52/2007, it is now present in seven additional states: Amazonas, Espirito Santo, Mato Grosso, Mato Grosso do Sul, Minas Gerais, Paraná and Santa Catarina. The amended national legislation, Normative Instruction 52/2007 was notified to the WTO however, no notification was sent to the Commission on the change of the status of some States recognised to be free by Decision 2004/416/EC. CBS is considered to be a quarantine pest for Brazil as stated by the NPPO, but since it is already widely present no eradication and containment measures are applied following the first finding in a State. For the domestic production no official measures are required against CBS. There are movement restriction and controls of fruits and plants. The main aim of these restrictions is to prevent the spread of CBS to CBS free States. In the main citrus production area, State of São Paulo, based on the survey data of FUNDECITRUS the presence of citrus canker has increased from 0.14% PU in 2009 to 0.44% in Despite the increase the disease pressure can still be considered low and this is supported by the fact that there were no findings or interceptions of citrus canker from EU. The most commonly found fruit flies are: Mediterranean fruit fly (Ceratitis capitata) and South American fruit fly (Anastrepha fraterculus) which are kept under control with adjusted regular treatments. Regular treatments are applied for citrus scab (Elsinoe sp.) as well. The status of fruit spot (Cercospora angolensis (Phaeoramularia angolensis)) has not changed since the last mission and as stated it is `absent-known not to occur`. The Commission was not notified of the change in status of areas recognised by the Commission Decision 2006/473/EC to be free from either CBS or citrus canker. This is not in line with ISPM 29, principals of transparency. 5.3 EXPORT PROCEDURES, REGISTRATION AND TRACEABILITY OF CONSIGNMENTS Legal basis Section 4.5 of ISPM 7 establishes that consignments and their certification should be traceable as appropriate through all stages of production, handling and transport to the point of exit. Point 16(2) and 16(4) of Annex IV Part A Section I to Directive 2000/29/EC establishes specific 9

15 requirements, with respect to citrus canker and CBS, which must be met in order for fruits of Citrus, Fortunella, Poncirus and their hybrids, other than fruits of Citrus aurantium, to be exported to the EU. In addition, for export of citrus fruits from Brazil additional temporary measures are in place by Decision 2004/416/EC with respect to citrus canker and CBS. Findings Registration Farms producing citrus fruits exported to the EU are large in size (ca 1,000 ha or more), and for management purposes are divided into production units, which vary in size but on average are between 10 to 20 hectares. The NPPO defines a unit of production as being a continuous area, with a variable size, registered by the plant health service, clearly delimited and geo-referenced, which is cultivated with plants of the same variety and of the same age, applying the same agricultural and phytosanitary management practices. The NPPO stated that the production unit should be considered equivalent to the place of production under the meaning of the FAO International Standards for Phytosanitary Measures (ISPM) and consequently the production unit should be considered as the area in which the requirements of Directive 2004/416/EC have to be implemented. Upon registration, the State Body provides the TM with the identification codes of each Production Unit, following the procedure standardised by MAPA for all states. Similarly, the pack houses must be registered in the state in which they are located, and the validation of the registration will only occur after the issuance of a Report of Inspection by the State Body. The pack house also receives a numerical identification from MAPA. This is a number with 16 digits (2 digits indicating the State of Brazil followed by 5 digits pointing out the municipality, 4 digits indicating the farm, 2 digit indicating the year of the registration and the last 3 digits are sequential number indicating the PU registration number). According to the Normative Instruction 3/2008 and in order to meet the import requirements of the EU the producers and the pack houses of citrus fruits under the Citrus Black Spot Risk Management System (hereafter `the system`) shall request their registration annually with the exception of producers of Tahiti lime, Citrus latifolia. Tahiti lime is not considered to be a host of CBS in Brazil according to the national legislation. Therefore, the producers of Tahiti lime are not required to be registered and are not subject to the Citrus Black Spot Risk Management System even if they export to the EU 1. For the request for registration of a PU under the system, an application with relevant documentation has to be submitted the latest 3 months prior to the export, which will be verified by the State inspector during the on-site visit. In order to have the PU approved for export, sampling for induction testing for CBS is required 30 days prior to the export. If the test results are positive the PU is excluded from the System. If the test results are negative, an on-site inspection for visual symptoms is carried out by the State inspector prior to the harvest. If no symptoms are noted in the field the relevant PU is approved for harvest and export to the EU can take place. The FVO team visited the only pack house in São Paulo State registered for processing and packing 1 In their response to the draft report the Competent Authority noted that '...we consider that the requirements of decision 2004/416/EC are not applicable to Tahiti limes, which...do not show symptoms of citrus black spot.' 10

16 of fruits from São Paulo and Minas Gerais States intended for export to the EU and confirmed its registration. The PU visited by the FVO team, with the exception of the orchard producing Tahiti lime, were registered with the State body. All PU and the pack house exporting fruit to the EU from São Paulo State and PU in Minas Gerais State are registered by the State bodies. This is in accordance with the requirements of Decision 2004/416/EC. Nevertheless, the exemption applied in Brazil for Tahiti lime producers is not in line with the EU requirements. Findings Documentation and traceability of consignments Recommendation (8) of the 2005 report was to: End the practice of presumptive declaration regarding fruit treatment with sodium hypochlorite in the Certificado Fitossanitário de Origem. The documentary system for traceability starts with the issuing of a harvesting note and a Phytosanitary Certificate of Origin (Certificado Fitossanitário de Origem) (CFO) at the place of production. The TM for the place of production issues one CFO per field, enabling the fruit to be traced back to an individual field. The CFO contains details of the pest status of the field, the application of any plant protection products, and information relating to the export of the fruit, including the induction testing for CBS and the relevant part of the additional declaration to be used later on the PC. It is signed by the TM and covers all the consignments moved within the validity time of the CFO (up to one month). A copy of the CFO is kept by the TM and one copy is sent to the CDA. All movements of citrus fruits within the state are accompanied by a CFO issued by a TM, while the movement of fruit from a state into another state, must be accompanied by a transport permission document Transit Permit for Plant Material, Permissão de Trânsito de Vegetais (PTV) issued by the State body. The CFO accompanies the movement of the fruit to the pack house, where the information is checked and entered in to a computer system and the fruit processed. At the pack house, several different lots may be combined to form one export consignment. If this is the case, then the pack house issues a Certificado Fitossanitário de Origem Consolidado (CFOC) signed by the TM of the pack house. For traceability reasons, as stated by the NPPO, box (of 40.8 kg) is used as a standard unit in Brazil when estimating the quantities harvested, transported and stored. During the site visits the FVO team noted that: CFO, PTV and CFOC in use and the examples checked by the team contained all of the relevant information to provide a link between the PU and the consignment; The declaration on the CFO did not refer to treatment with sodium hypoclorite; 11

17 Instead of the standard defined unit of 40.8 kg, different measurements were used through the documentation. The quantities on the CFO and PTV did not correspond to the estimated harvested quantities, to the transported quantities or to the quantities received by the packaging house. The discrepancy in the case evaluated by the team was 35% 2 ; The harvested quantities are estimated by the TM and they are not verified by the NPPO. The practice of presumptive declaration regarding fruit treatment with sodium hypoclorite on the CFO has been suspended and therefore the recommendation (4) of the 2005 report has been addressed. A system of documentation and traceability is in place. However, the system does not enable proper monitoring of the quantities harvested, transported and received by the pack house; therefore the implementation of the system can not ensure that fruits are only exported to the EU from units of production subject to the export control system. 5.4 EXPORT CHECKS Legal basis Points 16(2), 16(4) and 16 (5) of Annex IV Part A Section I to Directive 2000/29/EC establishes the specific requirements, with respect to citrus canker, CBS and fruit flies, which must be met in order for fruits of Citrus, Fortunella, Poncirus and their hybrids (with the exception, for Point 16(4) of Citrus aurantium), to be exported to the EU. In addition, for export of citrus fruits from Brazil additional temporary measures are in place by Decision 2004/416/EC with respect to citrus canker and CBS. ISPM 12 establishes guidelines on phytosanitary certification. ISPM 23 establishes guidelines for inspection. ISPM 31 establishes methodologies for sampling of consignments. Findings Field of production The 2005 report contained the following recommendations: Recommendation number 1: Ensure that field inspections, which form part of the official control and examination regime required by Commission Decision 2004/416/EC (and Item 16(2) of Annex IV Part A to Council Directive 2000/29/EC) be carried out only by public officers who meet the EU requirements (Article 2(i) of Council Directive 2000/29/EC) and 2 In their comments to the draft report the Competent Authority noted that 'Differences between the estimated total harvest amount and amount received...are justified by the fact that not all the production from a PU...is destined for export to the EU' and '...a computerized system for issuance of CFO, CFOC and PTV is in the final approval phase.' 12

18 ISPM N 7 requirements, especially in relation to their potential conflicts of interest; Recommendation number 3: Ensure that after an outbreak mandatory control measures are always taken to guarantee the pest free status of the remaining units exporting to the EU, as required by Item 2(b) of the Annex to Commission Decision 2004/416/EC; Recommendation number 6: Until the areas within São Paulo State are recognised by the EU as free from the disease, introduce an appropriate testing regime for these areas, to verify that fruits harvested from such areas are free from Xanthomonas campestris, as required by the second indent of Item 1(b) of the Annex to Commission Decision 2004/416/EC. The field inspections are under the responsibility and supervision of the State inspectorate. There are minimum two official inspections carried out during the vegetation cycle by the State inspectors; one following the application for registration and one prior to the harvest where the fruits are inspected mainly for CBS symptoms. The harvest of the approved PU is carried out in two stages; first the top 2/3 of the tree are harvested for the export to the EU and later, the bottom 1/3 is harvested for the juice industry. While checking the field books, the FVO team noted that: The orchards are regularly inspected by the State inspectors prior to the harvest for the presence of quarantine pests and diseases and that it was in all cases carried out no more than 30 days prior to harvest; During the pre-harvest inspection of the relevant PU, the State inspectors have regularly checked the records of the TMs in the field book to verify the monitoring results and applied treatments; The results of periodic self inspections, carried out weekly or fourth-nightly by TM with the support of scouting staff, were recorded in the field-book. If during routine self inspections or random survey activities symptoms of citrus canker are found by TM, the State body has to be notified immediately. Following the detection, the farm is withdrawn from the system for two years and mandatory eradication measures apply. There is no systematic testing for citrus canker of fruits intended for export and samples for laboratory inspection are taken only in case of suspicion. Where CBS symptoms are found, the relevant PU is withdrawn from the export system (see section ) and the fruits are diverted to the internal market. Since the previous mission according to the Normative Instruction 03/2008 there is systematic sampling for CBS induction testing for each PU in the system as described in section In addition, all PU producing for export are inspected by the State body within a maximum of 30 days prior to the harvest. Since the last mission, in addition to the inspection carried out by the TM, official inspections carried out by the State inspectors have been introduced; therefore recommendation (1) and (3) has 13

19 been addressed. There are strict measures in place for citrus canker with the aim of eradication and there were no EU interceptions related to the presence of citrus canker on fruits. However, no testing regime for citrus canker has been introduced. This is not in line with the EU requirements and therefore the recommendation (6) has not been addressed. Findings Pack house Recommendation (4) of the 2005 report was to: Revise the system of checks performed by the federal inspectors in the pack-house in order to ensure that: appropriate checks are carried out at all stages of processing (citrus fruits entering, processed and refused); Post harvest treatment is regularly checked; Fruit samples are taken at an appropriate intensity and selected by the official inspectors. The pack house inspections are under the responsibility and supervision of the Federal inspectors and they are required at the intake, during and after the processing as stated by the NPPO. The inspection at intake is done on a random basis while the inspections during the processing and after the processing are carried out systematically. After processing, the Federal inspector take a sample of 0.2% of all boxes in the consignment. If the consignment contains fruits from several PU than at least one box per PU must be inspected. The boxes are taken from the top of the pallet and all the fruits in the selected boxes are visually inspected. Following the final inspection, the consignment is loaded in the containers and sealed at the pack house. The PC is issued by Federal inspectors in the pack house but at a later stage when the consignment is already loaded on the ship. In case of a finding of CBS on fruits during processing in the pack house, the further processing of fruits from the same PU is blocked. All the remaining fruits from the same PU are excluded from the export. During the visit to the pack house, the FVO team noted the following: Inspection reports had been written following a finding of CBS in the pack house; the information on the incriminated PU was sent to the DDA/SFA; On the documentation inspected at the pack house the PU could be traced from the intake using the CFO and until the end of the processing, where the CFOC and PTV is issued; The fruits are regularly treated by hydrochloride (2 ppm concentration for 2 minutes) and the treatment is included as an additional declaration on the CFOC; The inspectors had a solid knowledge of the EU quarantine pests for citrus and their symptoms. 14

20 The samples are taken by the Federal inspectors and the fruits are systematically inspected during and following the processing in the pack house. However, there is no systematic inspection at the intake of fruits in order to assure that before the grading all symptomatic fruits and therefore contaminated lots are identified. This is not in line with the requirement that none of the fruits harvested in the place of production has shown, in appropriate official examination, symptoms of CBS. Therefore, the recommendation (4) has only partially been addressed. Findings System of verification The TM are required to carry out regular inspection of the fields for quarantine pests, implement relevant treatments and they are authorised to issue and sign the CFO and CFOC documents that provide the traceability of the goods. Therefore they are subject of regular audits by the State and Federal bodies. The audits include checks on the whole process and documentation from the origin of the seedlings, registration, treatments, monitoring spreadsheets on quarantine pests until the export takes place including the CFO and CFOC issued, as stated by the NPPO. The audits are recorded in the field book. The FVO team noted during the site visit to a farm that the audit inspection was recorded in the field book. There is a system of verification in place regarding the accredited activities of TM. Findings Point of exit The export inspections of citrus fruits are carried out in the pack house. The PC for the consignments is issued in the pack house as described in section below. Tahiti lime is not included in the certification system for export to the EU (see section 5.3.1). The export controls for Tahiti lime (Citrus latifolia) are only carried out at the port. The FVO team visited the port of Santos. The inspector met at the port stated that: The containers are not unloaded during the inspection; He had no training on the citrus certification system (see section ) and he was not aware of the quarantine pests relevant for the EU or of their symptoms 3. No checks are carried out at the place of production or at the pack house for Tahiti lime. Therefore, 3 In their comments to the draft report the Competent Authority noted that 'At the time of the audit, there was an atypical situation. The team was received by an inspector on duty who was not prepared since he had just returned from a long period of sick leave. Therefore the generalisation made...does not match the reality of Brazilian inspection procedures. Still, Brazil undertakes to intensify the technical training of inspectors...' 15

21 it does not meet the requirements of Decision 2004/416/EC for the export to the EU Certification The Phytosanitary certificates for citrus exported to EU, with exception of Tahiti lime, are issued in the pack house by the Federal inspectors, after the consignment has been already loaded on the ship. The reason for this, as stated by the Federal inspector, is to have the correct seal number indicated on the PC, since Customs inspection are often carried out at the port, after which the original seal is replaiced. In case of a positive finding of CBS during processing, all the subsequent fruits from the same PU are excluded as described in section However, this does not apply to those that were harvested from the same PU and have already passed the export inspection. The Federal inspectors met by the FVO team confirmed that the PC is issued for all consignments that have passed the final export inspection and no attempt is made to recall those for which the phytosanitary status has changed due to CBS finding in subsequent lots originating from the same PU. Despite the fact that Tahiti lime is not included in the citrus certification system it is exported to the EU and PCs are issued by the Federal inspectors at the port. During the assessment of the PC, issued for export of Tahiti lime, it was noted by the FVO team that the Additional Declaration required in EU legislation as a confirmation of official controls made, was included despite the fact that the necessary measures had not been taken. The PC are issued only by Federal inspectors in line with the ISPM 12. However, PCs are issued even for the consignments where the phytosanitary status has changed since the export inspection, by the finding of CBS symptoms in fruits originating from the same PU. Furthermore, the PCs are issued for Tahiti lime with the Additional Declaration required in EU legislation despite the fact that the declared measures were not taken. This is not in line with the EU requirements of Point 2(b) of the Annex to Decision 2004/416/EC or ISPM 12 which requires that the PC should attest that the consignment meets the phytosanitary import requirements. 5.5 ACTION TAKEN IN RESPONSE OF INTERNAL INTERCEPTIONS AND THOSE REPORTED BY EU MEMBER STATES Legal basis ISPM 23, Section 2.6 (Review of inspection systems) establishes that NPPOs should conduct periodic reviews of import and export inspection systems to validate the appropriateness of their design and to determine any course of adjustments needed to ensure that they are technically sound. ISPM 7, Section 6.2. (Incident review) requires that the NPPO establish procedures for investigating reports from importing countries of non-conforming consignments covered by a phytosanitary certificate. Items 16(2), 16(4) and 16(5) of Annex IV Part A Section I to Council Directive 2000/29/EC establish the special requirements for the introduction of Citrus fruits, with respect to citrus canker, 16

22 CBS and non-european Tephritidae. In addition, for export of citrus fruits from Brazil additional temporary measures are in place by Decision 2004/416/EC with respect to citrus canker and CBS. Findings Action taken in response to internal interceptions In case of CBS symptoms found during the field or pack house inspection, the PU is excluded from the export certification system and the remaining fruits are diverted to industrial use. The information on the incriminated PU is then sent to the DDA/SFA in order to withdraw the PU from the list of approved PU. The updated list is then sent to the inspectors by in order to prevent the export to the EU of fruits from relevant PU. However, the fruits from the same PU that have already passed the export control are not withdrawn and the PC for these consignments will be issued as described in section In case of citrus canker symptoms, the measures are more stringent as the pest is under mandatory eradication in Brazil. The focal point and all the host trees within 30 m diameter are destroyed and the whole farm is excluded for 2 years from the trade. In case of interceptions of fruit fly and citrus scab the majority of the inspectors met stated that the PU would be excluded from the export certification system. The NPPO ensures that action is taken following an internal interception. All PU are excluded from the export in case of a field finding or an internal interception of CBS in line with the EU requirements; as well as in case of fruit fly or citrus scab findings. However, the fruits from an PU found to be infested are not withdrawn from the export if they have already passed the final export inspection. This is not in line with with the requirements of point 2(b) of the Annex to the Decision 2004/416/EC. Findings Action taken in response to notifications of interception by EU Member States All the EU interceptions are due to the presence of CBS as described in section 4.1. The notifications of EU interceptions are received by MAPA and forwarded to DDA/SFA to be communicated to federal inspector in the pack house for investigation. The TM are informed and they can provide an explanation and take the necessary measures. The audit team noted that information on the intercepted PU is not forwarded to the producers or pack house since, as stated by the NPPO, the notifications of interceptions are generally received late in the season when the fruits have been harvested already. There are no follow up measures taken in the following season. In 2009, out of the 35 interceptions 34 (97.14%) were from the same company which is the main exporting company of São Paulo and Minas Gerais States having a share of 99.9% of the total export in In 2010, as a consequence of the large number of interceptions received in 2009, the NPPO carried out an audit in the relevant pack house and orchards of this company. The results of 17