Out, damned spot

Macbeth: Act 2, Scene 2: Lady Macbeth comes to share Macbeth’s horrified sense of being stained, exclaiming: “Out, damned spot; out, I say . . .” The word ‘spot’ derives from the Middle Dutch word spotte, meaning to notice or recognise. What have you spotted, or rather spied?

“I spy”, first referenced in Rosamond Lehmannʼs 1946 work, The Gipsy’s Baby, is a guessing game where one player chooses an object within sight and announces to the other players: “I spy . . .” As for this column, I spy something beginning with an ‘O’. This might be a tad tricky for you to guess, so let me offer another hint – it is both an object and a colour. Still stumped? Its name comes from the Old French phrase pomme d’orenge, which means ʻapple of Chinaʼ, reflecting the fruit’s origins in Asia. Of course, it’s not an apple.

You still haven’t guessed it? Somehow, I doubt it. If indeed that’s the case, you might find the answer in the columns of May 12, 2023, titled ‘Citrus fruit dispute sequelʼ, and August 26, 2022, titled ‘Citrus fruit disputeʼ. If you are up to date, then, look to July 26, when the World Trade Organisation (WTO) issued a release headlined ‘Dispute panels established to review the European Union (EU) measures on imports of South African citrus fruitʼ. The release announced that its Dispute Settlement Body (DSB) had established two panels – DS613 and DS624 – to review the matter.

Panel DS613 is for the ʻEU – Measures Concerning the Importation of Citrus Fruit from South Africaʼ, and Panel DS624 is for the ʻEU – Additional Measures Concerning the Importation of Citrus Fruit from South Africaʼ.

For Panel DS613, Australia, Brazil, Canada, China, Colombia, eSwatini,, India, Israel, Japan, Paraguay, the UK, and the US reserved their third-party rights to participate in the panel’s proceedings and, for Panel DS624, Argentina, Australia, Brazil, Canada, China, Colombia, eSwatini, India, Israel, Japan, Paraguay, and the US reserved their third-party rights to participate in the panel’s proceedings.

What led to the establishment of the panels? On April 15, South Africa requested consultations with the EU with respect to certain aspects of the import regime imposed by the EU on citrus fruit from South Africa. Specifically, South Africa challenged the application of measures relating to the pest (fungus) P. citricarpa, also known as Citrus Black Spot or CBS, which affects the importation of South African citrus fruit. This was the second request by South Africa for consultations with the EU concerning the measures taken by the EU relating to the importation of citrus fruit from this country. South Africa claimed that the challenged measures appear to be inconsistent with several articles of the Sanitary and Phytosanitary Agreement and the General Agreement on Tariffs and Trade of 1994.

On June 13, South Africa requested the establishment of the panels. At its meeting on June 24, the DSB deferred the decision on the establishment of the panels.

South Africa’s request for the panels was based on concerns about the EU’s import restrictions aimed at controlling the spread of the insect Thaumatotibia leucotreta, or False Codling Moth, and the fungus P. citricarpa, or CBS.

According to South Africa, the EU measures were not based on scientific principles, lacked sufficient scientific evidence, and were more trade restrictive than necessary to achieve an appropriate level of protection.

South Africa argued that the EU failed to account for regional differences with regard to pest risk in the application of the measures. The restrictions were severely impacting on South Africa’s citrus exports, which provide jobs for more than 140 000 people, and were also affecting other countries in the region that depended on South Africa’s infrastructure for their citrus fruit exports. South Africa added that it was open to continued talks with the EU to secure a mutually agreed solution.

With only eSwatini in the mix, there is not much regional support then. The EU stated that it was not ready at the meeting to agree to the request for the panels. The DSB noted all statements. To be continued.