Health

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Health Consumer Protection Directorate General

• Better Training for Safer Food
• 2008

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Session 2 Policy making and import control
planningGöran Kroeker (S)
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INTERPRETATION OF LEGISLATION
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Interpretation of legislation

• Basic legislation is Council Directive 2000/29/EC
  and
• Commission Regulation 1756/2004 on reduced
  frequency of import inspections
• Commission Directive 2004/103/EC on inspection at
  place of destination
• COM Dir 98/22/EC on min conditions

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What does the legal texts tell you about import
inspection

• Council Directive 2000/29/EC concerns the
  protective measures against the introduction into
  the Member States (MS) from other MS or third
  countries of organisms which are harmful to
  plants or plant products. (Article I.1.)

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Restrictions given

• Art.3.1 tells you that MS shall ban the
  introduction into their territory of organisms
  listed in Annex I, part A.
• What are the prerequisite for listing harmful
  organisms?
• Why Part A and B?

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Further restrictions

• Art. 3.2 MS shall ban the introduction into their
  territory of the plants and plant products listed
  in Annex II, part A, where they are contaminated
  by the relevant harmful organisms listed in that
  part of the Annex

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More to be done

• Art.3.3 talks about possibilities to come forward
  with tolerances as long we are not dealing with
  plants for planting and this for both Annex I and
  II. This point opens also up for accepting
  tolerances for Regulated Non Quarantine Organisms
  in connection with A.II A

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Full stop

• Article 4.1 states that MS shall ban the
  introduction, into their territory of plant or
  plant products listed in Annex III, part A, where
  they originate in the relevant countries referred
  to in that part of the Annex.
• Are there derogations from this point?

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Requirements for trade

• Article 5.1 MS shall ban the introduction into
  their territory of plants and plant products and
  other objects listed in Annex IV, Part A, unless
  the relevant special requirements indicated in
  that part of the Annex are met.

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What to inspect for? 1

• Article 13.1. MS shall shall ensure,
• .that plants, plant products or other objects,
  listed in Annex V, Part B, which come from a
  third country and are brought into the customs
  territory of the Community, shall from the time
  of their entry, be subject to customs
  supervision,

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What to inspect for? 2

• .., and also to supervision by the responsible
  official bodies.
• They may only be placed under one of the customs
  procedures.if the formalities as specified in
  Article 13a have been completed in accordance
  with the provisions of Article 13c(2).

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What to inspect for? 3

• such as to conclude, as a result of theese
  formalities and as far as can be determined-
  that the consignments are not contaminated by
  harmful organsims listed in Annex I Part A, nor
  in cases of plant or plant products listed in
  Annex II Part A, and

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What to inspect for? 4

• in case of plants, plant products or other
  objects listed in Annex IV, Part A, that they
  comply with the relevant special requirements
  indicated in that Annex, or, where applicable,
  with the option declared in the certificate
  pursuant to Article 13a(4)(b)

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What to inspect for? 5

• - that the plants, plant products or other
  objects are accompanied by the respective
  original of required official phytosanitary
  certificate or phytosanitary certificate for
  re-export or, where relevant, that the original
  of alternative documents or marks as specified
  and permitted in implementing.

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What to inspect for? 6

• MS are expected to also supervise consignments
  placed under customs approved treatments and here
  wood packaging and dunnage, which are actually in
  use is mentioned

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How to inspect 1

• Article 13a.1(a) The formalities referred to in
  Art.13(1) shall consist of meticulous inspections
  by the responsible official bodies on at
  least(i) each consignment declared, under
  customs formalities, to consist of or to contain
  plants, plant products or other objects

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How to inspect 2

• (ii) in the case of a consignment which is
  composed of different lots, each lot declaredto
  consist of, or contain, such plants, plant
  products or other objects

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How to inspect 3

• (b) The inspection shall determine whether(i)
  the consignment or lot us accompanied by the
  required certificates, alternative documents or
  marks (documentary checks)

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How to inspect 4

• (ii) in its entirety or on one or more
  representative samples, the consignment or lots
  consists of, or contains the plants, plant
  products or other objects, as declared on the
  required documents (identity checks)

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How to inspect 5

• (iii) in its entirety or on one or more
  representative samples, including the packaging
  and, where appropriate, the transport vehicles,
  the consignment or lot or their wood packaging
  material comply with requirements laid down in
  this Directive, .

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How to inspect 6

• 2. The identity and plant health checks shall be
  carried out at reduced frequency, if-
  inspections are carried out in the consignor
  third country under technical arrangements- the
  products are listed in implementing provisions

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How to inspect 7

• - the products comes from a third country with a
  phytosanitary agreement with the Community on
  reciprocal treatment
• Unless there is a serious reason to believe that
  the requirements laid down in this Directive are
  not complied with.

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How to inspect 8

• The identity and plant health checks may also be
  carried out at reduced frequency gained on
  experience of earlier introduction of such
  material from the same origin.

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Phytosanitary certificate 1

• 3. The official phytosanitary certificate (PC)
  or the re-export one, shall have been issued in
  at least one of the official languages of the
  Community.It shall be addressed to to the Plant
  Protection Organsations of the MS of the European
  Community.

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Phytosanitary certificate 2

• The PC shall not have been made out more then 14
  days before the date on which the consignment
  covered by it have left the third country.

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Phytosanitary certificate 3

• Additional Declaration
• 4.(b) The PCs in case of plant, plant products or
  other objects listed in Annex IV Part A section I
  or Part B, shall specify, under the heading
  Additional Declaration and where relevant which
  special requirement out of those listed as
  alternatives have been complied with.

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Inspect or not 1

• Article 13 b
• 1. MS shall ensure where there are serious reason
  to believe that consignments without declaration
  of material of phytosanitary concerns do contain
  objects listed in Annex V, Part B, that these
  consignments are inspected.

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Inspect or not 2

• Inspection does not have to be done provided that
  there is no risk of harmful organism spreading in
  the Community
• 13b2(a) Internal and true transit.
• 3. Small quantities4. Scientific material5.
  Immediate frontier zones

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Inspect or not 3

• Article 13c1.(b) MS shall provide that importers
  of plants listed in Annex V, Part B, must be
  included in an official register of a MS under an
  official registration number.
• 2.(a). Documentary checks and also the checks
  for compliance with Annex III provisions

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Inspect or not 4

• Article 13c
• 2.(b) Identity checks and plant health checks
  must normally be done at the point of entry.
• (c) In case of transit of non-Community goods,
  inspection can be done at point of destination
  after agreement between services.

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Inspect or not 5

• Article 13c
• 2.(d) stipulates the possibility for SCPH to
  specify certain cases in which identity and plant
  health may be done at the place of destination.
  This has been done and is presented in COM Dir
  2004/103/EC

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Interceptions 1

• Article 13c
• 7. Where is not considered that the conditions
  laid down in art.13(1) are fulfilled, one or more
  of the following official measures shall be taken
  immediately

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Interceptions 2

• (a) refusal of entry into the Community of all or
  part of the consignment,
• (b) movement, under official super- vision, ,to
  a destination outside the Community
• (c) removal of infected/infested product from the
  consignment

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Interceptions 3

• (d) destruction
• (e) imposition of a quarantine period until the
  results of examinations or official test are
  available
• (f) exeptionally and only in specific
  circumstances, appropriate treatment .

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ORGANISATIONAL STRUCTURES TO IMPLEMENT POLICY
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Organisational structures 1

• Legal aspects out of Council Directive
  200/29/EC, Article 1.4 MS shall establish or
  designate a single authority, which shall be
  responsible, at least, for the coordination or
  contact with the Commission in phytosanitary
  matters

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Kroeker Phytosanitary Consulting
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Organisational structures ..2

• Earlier we, in most cases, had a simple
  organisation where the National Plant Protection
  Organization (NPPO) handled if not all, most
  tasks within the phyto-sanitary field. These
  could include secondary legislation, policy
  decisions, organize inspections

Kroeker Phytosanitary Consulting
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Organisational structures ..3

• Besides that several NPPOs are now integrated
  into the Food chain authorities, there is a trend
  to separate those structures responsible for
  secondary legislation and policy from those
  responsible for inspection.
• As long communication is kept open this might be
  beneficial for both parts

Kroeker Phytosanitary Consulting
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Organisational structures ..4

• From the ongoing reorganisation of the Swedish
  PPO my understanding is that the benefit for a
  small organization is that it allows for better
  specialization for both parts.

Kroeker Phytosanitary Consulting
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Organisational structures ..5

• The policy decisions has to handle the question
  of combining existing resources with the needs
  for all phytosanitary matters
• In most cases tough priorities has to be made,
  where the high risk issues has to be given
  highest priority

Kroeker Phytosanitary Consulting
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Organisational structures ..6

• This will certainly interfere with the aim given
  by the Community legislation, also when it comes
  to the import inspection
• A close connection between accurate inspection
  fees and the costs for performing inspection
  might help

Kroeker Phytosanitary Consulting
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Organisational structures ..7

• Erecting a control department will hopefully lead
  to higher priority on the tools needed for
  inspectors, as specified manuals for different
  commodities and adequate trainings and equipment

Kroeker Phytosanitary Consulting
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Organisational structures ..8

• MS normally within the single official body have
  the capacity to test samples for pests of
  quarantine importance in their own official lab
• At least one MS has solved the needs by
  cooperating with other MS
• The costs in future might support more
  cooperation between labs

Kroeker Phytosanitary Consulting
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PLANNING IMPORT INSPECTIONS
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Planning import inspection 1

• In most cases there are good information on the
  commodities imported to MS volume and type
• Commodity risk classification will lead to the
  needed priorities for import inspection
• Some points of entry might be specialized on
  certain commodities

Kroeker Phytosanitary Consulting
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Planning import inspection 2

• Certain commodities are bound to certain periods
  over the year, like different plants for planting
• Certain commodities need special arrangements,
  like logs from Russia or wood chips from certain
  areas
• In some cases for low risk material cooperation
  with customs may work

Kroeker Phytosanitary Consulting
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Planning import inspection 3

• During some periods of the year around certain
  feasts very high volumes of imported flowers
  calls for extra working hours to avoid waiting
  queues and losses in quality
• Some material has to be inspected at places of
  destination as forestry plants for planting

Kroeker Phytosanitary Consulting
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Planning import inspection 4

• A secondary inspection of high risk plants for
  planting at the place of destination gives a
  higher security
• A prompt notification of non compliance to
  exporting countries might lower the risk for
  further cases - at least from the same exporter

Kroeker Phytosanitary Consulting
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Planning import inspection 5

• Close cooperation between MS on import issues
  (quick notifications) and with exporting
  countries is a basic requirement to minimize
  problems.
• Within the EU we still have a way to go in this
  connection. Notifications and openness on new
  problems!!

Kroeker Phytosanitary Consulting
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