EU Plant Quarantine Regime Training for Import Control Staff

1. Training for plant health import control staff on the EU plant quarantine regime for imports 15 -17 September, BrusselsParticipants: Josephine Schembri, Marthese Licari

2. WTO and Agreement on Sanitary and Phytosanitary Measures Phytosanitary measures must be: • Based on scientific principles using PRA-systematic assessment • Non-discriminatory (such as setting strict measures on other countries) • Appropriate level of protection (can be quite difficult to define) • Transparent – open to challenge • Based on international standards International Standards (ISPMs) • Guidelines and recommendations form the basis for phytosanitary measures for IPPC members • Not legally binding • Cited in legislation (e.g. Pest Free Area) • Referred to in disputed between countries Overview of International standards and EU Legislation

3. The EU ‘Open System’ vs closed system (NZ & Israel) Open system: Trade can occurs unless there is evidence of risk to justify prevention of trade. If commodity/country of origin is not regulated trade can take place Closed system: Trades that are deemed safe are permitted and listed. New trades are not allowed until they are deemed to be safe by the importing country. More controls on trade and protection Role of EPPO and EFSA EPPO is an expert working group that produce a PRA using the EPPO PRA scheme. EPPO targets 5 PRAs per year and recommends pests to be regulated by members. EFSA is a scientific expert opinion that has the final word. They commission PRAs but do not go into the economic assessment. Overview of International standards and EU Legislation (Cont..)

4. EU Legislation 2000/29/EC and Control Directives – very slow to change SCoPAFF and Emergency Measures SCoPAFF (Standing Committee on Plants, Animals, Feeds and Food) • Address repeated interceptions of pests • Address new pest threats • Take actions against non-regulated pests (Article 16.2 of 2000/29/EC) Emergency Measures • EM may be unsuccessful if adopted too late • Lack of resources for surveillance for early detection • Lack of incentives to notify producers (economic reasons) and MS (economic and political reasons) • Lack of resources and capacities for PRAs improving situation • Lack of sharing eradication expertise Overview of International standards and EU Legislation (Cont..)

5. Legislations • Foundation legislation is Council Directive 2000/29/EC • Commission Regulation 1756/2004 on reduced frequency of import inspections • Commission Directive 2004/103/EC on inspection at place of destination • Commission Directive 98/22/EC on minimum conditions for inspection Import control planning

6. Planning Import Controls - Collaboration between bodies of control at point of entry • Bodies at BIPs (Customs, border police, Phytosanitary inspectors, veterinary services, food inspectors etc...) All bodies have one General Common Aim i.e. to prevent products from entering the market unless safe. Import control planning (Cont...)

7. Legal base: Council Directive 2002/89/EC amending Directive 2000/29/EC, Article 13a. 1. (b) (iii) The inspections shall determine whether: 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 the requirements laid down in this Directive, as specified in Article 13 (1) (i) (plant health checks) and whether Article 16(2) applies. Any regulated material should be subject to: • Physical checks • Identity checks • Documentary checks Practical elements for import Inspections

8. The inspectionpractice-tools required for import inspections include: - Electronic declaration system : PEACH used in UK - Inspection location (clean and stable table, preferably stainless steel for hygiene reasons, sufficient lighting and away from industrial traffic) - Phytosanitary knowledge to genera level; including annual training. - Basic equipment (magnifying loupe, pocket knife for destructive sampling, alcohol, jars, bags/tubs for sampling, manual/instructions/SOPs, mobile phone/notebook, lateral flow devices, protective gloves, torch) - Inspection schedule Practical elements for import Inspections (Cont.....)

9. Release or Rejection A consignment may rejected in cases were: • documents are not in compliance with requirements ; or • identity not in compliance with declared products; or • quarantine organism found (confirmed to species level by experts); or • possible quarantine harmful organism through quick scan and PRA. Practical elements for import Inspections (Cont.....)

10. The measures taken in case of rejection involve: • the notification of non-compliance to country of origin; • in case of quarantine organism found: refuse entry of infected lot; • in case of documentary failures replacement or refuse entry of whole shipment; • refuse entry involve return to sender, re-export or destruction under supervision of NPPO. Practical elements for import Inspections (Cont.....)

11. Finalisation of import inspection An import inspection is finalised when the: • Results of the inspection is recorded in eDomero; • Results are sent electronically to Customs system; • In case of release: custom clearance possible • And finally the inspection fee is paid by importer based on tariff. Practical elements for import Inspections (Cont.....)

12. There is a need for harmonised approach • Non-regulated commodities are not declared to the inspectors • Non-regulated articles are only checked occasionally • The intensity is unknown; no overview is available at EU level about imported non-regulated lots Import inspection of non-regulated commodities and for non-regulated pests

13. Legislation: Directive 98/22/EC • This legislation allows a country to apply measures on commodities which are showing to be of risk to the country Allowed measures in case of NRPs findings can be done through: - Article 13c relates to measures of appropriate treatment - Article 16 where it states that each MS shall immediately notify in writing the Commission and the other MS of the actual or suspected appearance of any HO not listed in Annex I or II and whose presence was previously unknown in its territory. It shall also inform the Commission and the other MS of the protective measures which it has taken or intends to take. These measures must, inter alia, be such as to prevent risk of the spread of the HO concerned in the territory of the MS. Import inspection of non-regulated commodities and for non-regulated pests (cont...)

14. Focus on non-listed pests with imminent danger: • the risk through the intended use of the commodity (e.g. processing, consumption, planting, disposal of waste, by-products); • Season • Host plants • Level of contamination (the economic contribution for pest eradication and a simplified process for PRA to allow immediate recommendation of phytosanitary measures at import) Import inspection of non-regulated commodities and for non-regulated pests (cont...)

15. How to get information on non-regulated articles: • Collaboration with customs authorities and other inspection bodies present at the border crossing point • Collect data of import and possible pathways Import inspection of non-regulated commodities and for non-regulated pests (cont...)

16. Points for discussion and evaluation: • Are you inspecting non declared consignments? • Are you inspecting non-regulated articles? • Do you have national legislation for inspection of non-regulated consignments in place? • How can you get information on non-declared/non-regulated articles? Import inspection of non-regulated commodities and for non-regulated pests (cont...)

17. What is smuggling? Material has landed + No notification of landing given + Customs Entry Committed = SMUGGLING Checks for prohibited and non-declared items

18. Why smuggle? Financial: Avoid import inspection fees Time: Avoid delays arising from import inspection process Risk of Interception: Avoid risk of consignment being refused entry due to the presence of HOs. Checks for prohibited and non-declared items (CONT...)

19. Why spend time looking? • No notification • No PC • Prohibited items • Mixed consignments Checks for prohibited and non-declared items (CONT...)

20. Re-export the material back to the country of origin: • Most bio-secure mode of disposal (no inland movement to waste site) • Sends message back to Exporter • Usually more costly than alternative measures Checks for prohibited and non-declared items (CONT...)

21. Passenger baggage / Working with customs • Both passenger baggage and commercial freight routes are used to smuggle material • Customs have greater resource and interaction with broader range of passengers and freights • Cooperation with customs is therefore essential • Passenger baggage concessions often require some technical knowledge • Training is therefore essential and helps to build relationship • Get PH findings on to customs profiles so that they target this type of material • Good, clear guidance essential so that customs know how to enforce PH regulations. Checks for prohibited and non-declared items (CONT...)

22. One officer per import is used Backed by technical side Has no direct contact with the client accept for the agent Every authorised warehouse provides a space where inspection tools are stored They provide adequate table with adequate lighting and enough space were to work Certain containers prior of their openings are tested by a commissioned private company for any dangerous gases. Common practice in the cases of feeds. Field visit – Antwerp Port, Belgium

23. Field visit – Antwerp Port, Belgium (Cont.)

24. During the practical session we were taken to a private warehouse of IDP Divided into 4 groups to shift from one product to another. The tackled imported products were Chinese regulated stones, Apples from New Zealand, Citrus Fruits from Argentina and Citrus Fruits (mandarins and Valencia oranges) from South Africa. Each group was accompanied by a tutor and had the chance to hold a documentary check and physical check and to discuss the procedures normally held in the respective countries. The pallets loaded with material (regulated/not) are raised by the use of a fork lift to allow the inspector (without going underneath the pallet, for safety) to inspect for any grub holes or any other signs. Field visit – Antwerp Port, Belgium (Cont.)

25. The BTSF staff beleive that MS need to carry out inspections on non-regulated material being imported because the risks are high in such consignments. Matters raised and discussed: Case of damaged sea container: Example due to an accident or a damaged refrigerated unit, it was said that in some member states an annex to the Phytosanitary certificate is done by the NPPO. Presence of soil in a consignment: Soil presence in consignments brings along the issue of quantity of what is acceptable or not. There are no official guidelines on what is acceptable or not. This will lead to practical difficulties faced by the inspectors. In case of presence of soil, samples are collected to test for the presence of quarantine nematodes, this procedure might result in positive interceptions and will create awareness. Phytos issued by Argentina: are accompanied by a barcode which can be verified through their official website. Each and every code of pallets used are inserted in the additional declaration section on the phyto. Recommendations from the course

26. Thanks for your attention