IND NL- EN PROJET

Transcription

1 IND NL- EN PROJET Regulation by the Minister for Health, Welfare and Sport of (date), No. VGP/PSL, laying down temporary rules regarding the product requirements for Lucky Bamboo (Temporary Commodities Act product requirements for Lucky Bamboo) (draft) The Hague The Minister for Health, Welfare and Sport, Acting in concert with the Ministers for Agriculture, Nature Management and Food Quality, and for Economic Affairs; Having regard to Article 15, paragraph one of the Commodities Act; Decrees: Article 1 In this regulation the following terms are used: a. Lucky Bamboo: ornamental plant with the scientific name Dracaena sanderiana; b. tiger mosquito: insect with the scientific name Aedes albopictus, as well as the eggs and the larvae thereof. Article 2

2 2 It is forbidden to act contrary to the regulations laid down in Article 3, paragraph one, and Article 4. Article 3 1. Lucky Bamboo: a. shall be traded free of tiger mosquitoes; b. shall be brought from third countries into Dutch territory and transported further in closed containers which are to be opened solely in a confined space; and c. leaves the confined space as meant under b no sooner than three weeks after the commencement of an effective biocide treatment suitable for ridding the plants of the tiger mosquito. 2. For the application of this regulation a consignment of Lucky Bamboo is to be regarded as a plant. Article 4 1. The trader shall have a prevention plan for the treatment, as meant in Article 3, paragraph one, under c. 2. The trader shall also conduct an administration in which the information concerned with and relating to the implementation of the prevention plan is laid down in a systematic fashion. Article 5 This regulation shall enter into effect from the second day after the date of publication in the Government Gazette. Article 6 This regulation shall be known as: Temporary Commodities Act product requirements for Lucky Bamboo. This regulation shall be published with the explanatory statement in the Government Gazette. The Minister for Health, Welfare and Sport, Dr. A. Klink

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4 4 Explanation General During the import of Lucky Bamboo plants from third countries (non-member countries of the EU or the EEA) the Asian tiger mosquito is also imported. The eggs and larvae of this mosquito are present on the plant. During transport and in the greenhouses these eggs and larvae develop into mosquitoes. The plants come from areas where the dengue virus is endemic and is spread by the tiger mosquito. Furthermore, the mosquito can carry various other illnesses which are dangerous for humans. The import and establishment of the tiger mosquito in the Netherlands have to be prevented as the mosquito, as a potential source of those dangerous illnesses, forms a threat to public health. Whenever this explanation refers to tiger mosquitoes, this includes the eggs and larvae thereof. In October 2007 a covenant was drawn up with all established importers of Lucky Bamboo (Government Gazette 2007, 224) in which it was decided that they would import the plants free of tiger mosquitoes. Monitoring in greenhouses by the Plant Protection Service, commissioned by the Dutch National Institute for Public Health and the Environment (RIVM), showed that during the period from June 2008 tiger mosquitoes were captured at various importers. The importers were immediately warned about this in writing. This has not, however, led to a zero catch of tiger mosquitoes. It is clear that the required efforts pursuant to the covenant have not led to the desired result. Therefore more far reaching regulations are required. The Dutch National Institute for Public Health and the Environment (RIVM) has advised 1 that the existing agreements in the covenant be turned into law, in order that a prohibition/restriction on the import of the tiger mosquito can actually be enforced. Besides this the RIVM recommends that the importers are to be required to treat the plants in the greenhouses with pesticides; in this regard the RIVM names Bacillus thuringiensis israelensis (Bti), a biocide. Although at the time of entry into effect of this regulation an exemption has been granted for Bti, this is a prohibited substance. The current covenant will not be extended as the effect is insufficient. On passing this urgent measure, from the moment of entry into effect, all importers and other traders shall be required to make sure that Lucky Bamboo traded by them is free of tiger mosquitoes. The required efforts for the importers are thus replaced by a result requirement for all traders. It is to be expected that importers will come to strict agreements with the suppliers in the country of origin. It is the responsibility of anyone trading in Lucky Bamboo to make sure that the agreements, which are to lead to mosquito-free Lucky Bamboo, are actually satisfied. This regulation enforces that. Should traders not have made such agreements and should they not have made sure that their plants are free of tiger mosquitoes, it would be sensible if they ensured suitable arrangements are made forthwith, in order to ensure that their plants are mosquito-free. In any case, traders will no longer be able to evade their responsibility by hiding behind their suppliers. 1 Advice by the Dutch National Institute for Public Health and the Environment to the Minister for Health, Welfare and Sport of 9 September 2008.

5 5 Furthermore each importer has the duty to continue the practices based on the covenant, that Lucky Bamboo from third countries has to be brought into the Netherlands in closed containers and not to open these containers until they have arrived in the greenhouses where the plants are cultivated. To a large extent the eggs of the tiger mosquito develop into larvae within 48 hours if coming into contact with moisture. Therefore any possible eggs will develop within the time that the plants are cultivated. In order to ensure that all the eggs on the plants have developed before they are traded, the plants shall stay in the greenhouses for a minimum of three weeks. As the eggs, like the larvae, are harder to detect and harder to combat than the adult mosquitoes, traders are also obliged to treat their plants with a biocide suitable for making them free of the tiger mosquito and the larvae and eggs thereof. In a competent prevention plan it should not be considered an impossibility that the tiger mosquito, in whatever form, can survive his stay in the greenhouses. It is up to the traders of Lucky Bamboo to determine which biocide they wish to employ, as long as it is sufficiently effective, permitted as a pesticide for mosquitoes and larvae and is permitted by law. If necessary they can precipitate the granting of the necessary permission themselves. As prompt measures are required in the interest of public health, this temporary regulation can be laid down on the basis of Article 15, paragraph one of the Commodities Act. The regulation is to be replaced by an Order in Council within two years. The tiger mosquito can cause a great deal of disruption among the populace by his aggressive biting behaviour. Although it has to be taken into account that the tiger mosquito will in time spread from southern Europe towards the Netherlands, taking the requisite precautions against the spread by means of Lucky Bamboo will prevent the mosquito forming any more than the smallest possible threat. This also avoids having to undertake the large scale prevention and control campaigns, such as are now taking place in, for example, Spain, Italy and France, any earlier than strictly necessary. The advantages for public health far outweigh the disadvantages of the infringements on free trade, as it means that the chance that people become seriously ill due to a tiger mosquito bite is restricted to a minimum. The restrictions imposed on the trade in Lucky Bamboo are hardly more burdensome than the restrictions to which the importers agreed voluntarily in the covenant. By including on the one hand a prohibition on the import from third countries and the subsequent trade in Lucky Bamboo that is not free of tiger mosquitoes in this urgent measure, and on the other hand by including a requirement to treat the plants with biocides, no temporary measures are required. Every trader can comply with these requirements from the moment of entry into effect. Given the short term within which this regulation enters into effect no further peripheral conditions will be imposed. When the Order in Council is laid down it will take into consideration whether such should be introduced at that time. Article by article Article 3 Lucky Bamboo may not be traded if the plants are not free of tiger mosquitoes. This not only applies to each plant to be traded individually, but also to consignments of these plants. Should one or more

6 6 infested plants be discovered in a consignment, then the whole consignment is to be regarded as infested. The plants are to be imported from third countries into the Netherlands in closed containers. The containers are to be opened in a confined space. This does not regard a quarantine. In practice it will concern the greenhouse where the plants are cultivated further. Although there is a requirement to trade the plants free from mosquitoes, a separate requirement has been included to treat the plants sufficiently with a biocide in order to exclude any risks. Article 4 The trader shall employ a prevention plan which leads to efficient prevention of the tiger mosquito. What will be efficient cannot be determined in advance. It depends on several factors. The inspector will have to judge whether a plan is adequate, based on the materials used, the number of plants and other factors. In order to facilitate good supervision, the trader shall maintain a competent administration with regard to the implementation of the prevention plan. An inadequate prevention plan will be in breach of paragraph one. The trader shall be held responsible in this regard. Administrative burden and effects on companies This regulation has no consequences for the administrative burden for citizens. The consequences for companies will be calculated for the Order in Council. Notification to the European Commission (Directive 98/34/EC) The draft regulation has been notified to the European Commission, in accordance with Article 8, paragraph one, of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services (OJ L 204). Notification to the European Commission is necessary, as the draft regulation probably contains technical requirements as meant in Directive 98/34/EC. Insofar as this regulation contains quantitative import restrictions or measures having an equivalent effect, these measures are justified in order to protect public health. For this the urgent procedure was employed, as meant in Article 9, paragraph seven of Directive 98/34/EC, in connection with the gravity of the situation which involves the safety of persons. PM reaction European Commission The Minister for Health, Welfare and Sport,

7 7 Dr. A. Klink