BTSF. Better Training for Safer Food Initiative EU IMPORT REQUIREMENTS MARICA GATT

Better Training for Safer Food Initiative EU IMPORT REQUIREMENTS MARICA GATT IMPROVING AND STRENGTHENING THE SANITARY AND PHYTOSANITARY FRAMEWORK IN NON-EU COUNTRIES "BTSF WORLD BTSF 8-12 December 2014 Rabat, Morocco

Contents Council Directive 2000/29/EC import provisions Plant Health checks (ISPM 23) Reduced frequency of inspections Exemptions scientific purpose

The basic legislation is Council Directive 2000/29. Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community. 3

Non EU Countries Import inspection EU Country Import fromnon-eucountry shallbesubjectto supervision by customs and responsible official body until conclusion that all requirements are respected 4

Import checks Non-EU Countries How are commodities checked on import? EU Country

Are they banned? Are they regulated? Any special requirements?

Council Directive 2000/29/EC Import Measures Prohibited: Poses such a serious risk that import is only permitted under authority of a license; Regulated: Normally requires a phytosanitary certificate issued by the plant protection service of the exporting country. Unrestricted: Presents little or no risk and is not subject to plant health controls. Includes nearly all flower seeds, some cut flowers and fruit and most vegetables for eating(except potatoes).

Council Directive 2000/29/EC Import Measures on Consignments Unrestricted: Presents little or no risk and is not subject to plant health controls. Includes nearly all flower seeds, some cut flowers and fruit and most vegetables for eating (except potatoes) If the commodityisnot regulateditisallowedto enter the EU (if harmful organisms are not present) OPEN SYSTEM 8

Prohibition Art 1: Scope of Directive Art 2: Definitions Art 3: Ban of harmful organisms Annex I., II. Art 4: Bans of plants, plant products and other objects from certain countries Annex III. Art 5: Special requirements Annex IV. Art 13: Import inspections, BIPs subject to inspection (Annex V). Art 16: Emergency procedures notification

EU Plant Health Regime: Harmful organisms Harmful organisms are organisms injurious to plants and plant products. Regulated harmful organisms: are those harmful organisms that are regulated(listed) under Council Directive 2000/29/ EC. These include: Organisms not known to occur in any part of the EU and relevant for the entire territory; Organisms known to occur in any part of the EU but not endemic or established throughout the EU and relevant for the entire territory; Organisms against the protected zones. 10

Prohibition Article 3: Listing of the particularly dangerous harmful organisms whose introduction into the Community is prohibited (quarantine pathogens) Annex I

Prohibition Article 3: Listing of the particularly dangerous harmful organisms whose introduction into the Community is prohibited (quarantine pathogens) Annex I c. 130 polyphagous harmful organisms are banned

Prohibition Article 3: Listing of harmful organisms whose introduction into the Community is prohibited when carried by certain plants or plant products Annex II

Prohibition Article 3: Listing of harmful organisms whose introduction into the Community is prohibited when carried by certain plants or plant products Annex II c. 110harmful organisms are banned when found on specific host plants

Prohibition Annex I and II Part A prohibited pests Section I pests not known in the EU Part B pests prohibited in case of import into Protected Zones in the EU Section II pests already exist in the EU

Prohibition Annex I and II Part A prohibited pests Section I pests not known in the EU Section II pests already exist in the EU Part B pests prohibited in case of import into Protected Zones in the EU c.29 harmful organisms are banned from PZ

Annex IA Examples: import prohibition of pests Bemisia tabaci (non- European) a major virus vector Bursaphelenchus xylophilus (as from 1 st October included under Annex I) 17

Examples: Annex II Part A Annex IIA import prohibition of pests carried by certain plants or plant products Cut flowers, leafy celery and plants of herbaceous species cannot be imported if contaminated by Liriomyza trifolii Liriomyza trifolii (Burgess) 18

Prohibition The presence of some of these harmful organisms, when plants or plant products are introduced from countries in which these organisms occur, cannot be effectively checked.

Prohibition The presence of some of these harmful organisms, when plants or plant products are introduced from countries in which these organisms occur, cannot be effectively checked. Art 1: Scope of Directive Art 2: Definitions Art 3: Ban of harmful organisms Annex I., II. Art 4: Bans plants, plant products and other objects from certain countries Annex III. Art 5: Special requirements Annex IV. Art 13: Import inspections, BIPs subject to inspection (Annex V). Art 16: Emergency procedures notification

Prohibition Annex III Part A Plants and plant products and other objects the introduction of which is prohibited in all member states Part B pests prohibited in case of import into Protected Zones in the EU

Prohibition Annex III Part A Plants and plant products and other c. objects 19 plant the species introduction / of which tubers is prohibited / isolated in bark all member from states specific origins are prohibited Part B pests prohibited in case of import into Protected Zones in the EU

Examples Plants of Vitis L. from all non-eu countries(except Switzerland) Tubers of Solanum tuberosum L., seed potatoes from all non-eu countries(except Switzerland) Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids from all non-eu countries 23

Regulated: Normally requires a phytosanitary certificate issued by the plant protection service of the exporting country. Art 1: Scope of Directive Art 2: Definitions Art 3: Ban of harmful organisms Annex I., II. Art 4: Bans plants, plant products and other objects from certain countries Annex III. Art 5: Special requirements Annex IV. Art 13: Import inspections, BIPs subject to inspection (Annex V). Art 16: Emergency procedures notification

Council Directive 2000/29/EC Regulated: Normally requires a phytosanitary certificate issued by the plant protection service of the exporting country Annex V B: gives a list of commodities which are subject to plant health inspections in country of origin. These can only be imported into the EU when accompanied by a Phytosanitary certificate 25

Council Directive 2000/29/EC Controlled: Normally requires a phytosanitary certificate issued by the plant protection service of the exporting country Annex V B: gives a list of commodities which are subject to plant health inspections in country of origin. These can only be imported into the EU when accompanied by a Phytosanitary certificate ISPM 7 & 12 Phytosanitary certification 26

Regulated Annex IV A: Provision of special checks/ requirements to be met in the producer country MemberStates shallban the introduction intotheirterritoryof regulated commodities unless the relevant special requirements indicated in Annex IV-A are met. Additional Declarations The PC shall specify, under «Additional declaration», reference to that special requirement out of those listed in Annex IV A that has been complied with. 27

Regulated Article 5: Provision of special checks to be made in the producer country Annex IV

Regulated Article 5: Provision of special checks to be made in the producer country Annex IV Additional Declarations

Regulated Annex IV Part A General requirements Section I imports from third countries Section II EU internal trade Part B Requirements for Protected Zones

Controlled Annex IV Part A general requirements Section I imports from third countries Section II EU internal trade Part B Requirements for Protected Zones

Regulated Article 13: Import inspections, BIPs subject to inspection. Annex V

Regulated Article 13: Import inspections, BIPs subject to inspection. Annex V Part A I plant passports for plants originated in the EU Part A II plant passports for protected zones Part B I phytosanitary examination in case of third country import Part B II phytosanitary examination in case of third country import into protected zones

Regulated What commodities are regulated? All plants for planting, except seeds Some seeds Some fruits/vegetables e.g. Mangifera L. (mango), Apium graveolensl (celery) Some cut flowers: Rosa L, Aster, Lisianthus, Eryngium, Hypericumand Tracheliumfrom outside Europe Potato tubers Some wood/bark from specified countries Some grains from 9 countries Soil and growing medium, isolated or attached to plants 34

Regulated What fruits and vegetables are regulated? Citrus L., Fortunella Swingle (kumquat), Poncirus Raf., and their hybrids, Momordica L. (balsam pear / bitter cucumber) Solanum melongena L. (eggplant/aubergine) Malus Mill. (apple), Pyrus L. (pear), Prunus L. (plum) Annona L. (pond-apple), Cydonia Mill. (quince), Diospyros L. (kaki), Mangifera L. (mango), Passiflora L.(passionfruit), Psidium L. (guava), Ribes L.(currant), Syzygium Gaertn. Vaccinium L. (blueberry), originating in non-european. Vitis L. (table grape), when imported into Cyprus Apium graveolens L (celery) Ocimum L (e.g.sweet basil) Capsicum L.

NOTE List of regulated Harmful organisms and regulated commodities are regularly amended and updated according to new threats. Example: Capsicum L. (fruit) have been included in Annex VB due to frequent interceptions at import Are (as from 1 st October) subject to a plant health inspection before being introduced into the Union and their introduction should only be permitted if they are accompanied by a phytosanitary certificate. 36

EU Plant Health Regime WPM XX - 000 YY Since 2005, all WOOD PACKAGING MATERIAL has to be compliant with IPPC international standard ISPM 15 - i.e. must be heat treated (HT), dielectric heated (DH) or fumigated(mb) 37

Reduced frequency of checks Reductionof plant health checks of certain plants, plant products or other objects listed in Part B of Annex V to Council Directive 2000/29/EC Commission Regulation (EC) 1756/2004 Inspection frequency Normal regime: 100% inspection of consignments with regulated commodities. For fruit/ vegertables, wood and cut flowers: % of consignments subject to plant health inspections may be reduced. 38

Regulated Consignment from a non EU country Phytosanitary Inspection: documentary check identity check Phytosanitary checks ISPM 23 Guidelines for inspection 39

Regulated Consignment from a non EU country Phytosanitary Inspection: documentary check identity check Phytosanitary checks ISPM 23 Guidelines for inspection Customs clearance Free for circulation within EU (if not listed in Annex VA) Free movement with plant passport (if listed in Annex VA) 40

Regulated Consignment from a non EU country Phytosanitary Inspection: documentary check identity check Phytosanitary checks ISPM 23 Guidelines for inspection Customs clearance Interception Free for circulation within EU (if not listed in Annex VA) Free movement with plant passport (if listed in Annex VA) 1. Import Prohibition 2. Phytosanitary measures 3. Notifications 41

Customs check (trade documents etc ). Phytosanitary Inspection: documentary check identity check Physical checks ISPM 23 Guidelines for inspection Customs clearance

Phytosanitary Inspections Inspections are carried out by the Responsible Official Bodies(NPPO); Checks are carried out at customs, at official points of entry or at any other approved place nearby; Points of entry must satisfy the minimum requirements specifed in Commission Directive 98/22/EC. 44

Responsible official bodies have authority to do their job have technical competence have (or access to) experts have the adequate documentation (guidelines, SOPs, EU legislation) have access to proper facilities and equipment 45.

Types of Checks Documentary checks? Identity Control Phytosanitary checks

Documentary checks Documentary checks and also the inspections as provided for inarticle 13b(1) and the checks for compliance with the provisionsofarticle4inrespectofannexiiimust bemade by the official body of point of entry or, in agreement between the responsible official body and the customs authorities of that Member State, by the customs office of point of entry. (Article 13c, 2(a))

Documentary checks 1 Phytosanitary certificate should be: IssuedasperIPPC ISPM12 Shall be in an EU official language(importing country) Addressed to NPPO Shall not have been made out more than 14 days before the date on which commodity left the non-eu country. ShallcontaintheinformationasperISPM12.

Documentary checks 2 Exporter details Importer details (registered?) Botanical name and quantities Valid date (does it tally with bill airway/ lading?) Official stamp/ seal and signature Any corrections must be approved and endorsed Additional declarations (if necessary) Is it readable?

? Identity checks Identity checks must be made, by the official body of point of entry in connection with the customs formalities (Article 13c, 2(b))

? Identity checks The inspector (in the presence of customs officer) checks whether or not, the identity of the commodity matches with the declared information submitted on the phytosanitary certificates. Does the type and number of packages tally with PC/ BILL? DothecommoditiestallywithPC/BILL? DoesitmatchwithdistinguishedmarksonthePC?

Phytosanitary checks Consignments are partly or fully unloaded to ensure a suitable access to the content. Are regulated harmful organisms (Annex I & II) present? Are any other harmful organisms present? Are conditions in Annex IV adhered to? Visual inspectionof different parts of plants (roots, stems, leaves, blossoms, fruits) and soil Laboratory testing Taking a sample depending on consignment (ISPM 31)

Risks WPM may harbour different harmful organisms: Example: Pests Monochamus spp., Pissodes spp., Scolytidae spp., Agrilus planipennis, Anoplophora spp. Nematode Bursaphelenchus xylophilus Monochamus spp. Bursaphelenchus xylophilus Anoplophora spp. 54

Reduced Frequency of inspections

Reduced frequency of inspections Annex V Article 13a(5)(c): Reduction of plant health checks of certain plants, plant products or other objects listed in Part B of Annex V to Council Directive 2000/29/EC Part A I plant Inspection passports frequency for plants originated in the EU Part Normal A II regime: plant passports for protected zones 100% inspection of consignments with Part regulated B I commodities. phytosanitary examination in case of third For fruit/ country vegertables, import wood and cut Part flowers: B II phytosanitary examination in case of third % of country consignments import subject into protected to plant zones health inspections may be reduced. Health and Consumers

Reduced frequency of checks Annex V Article 13a(5)(c): Reductionof plant health checks of certain plants, plant products or other objects listed in Part B of Annex V to Council Directive 2000/29/EC Commission Regulation (EC) 1756/2004 Part A I plant passports for plants originated in the EU Part A II plant passports for protected zones Part B I phytosanitary examination in case of third country import Part B II phytosanitary examination in case of third country import into protected zones Health and Consumers

Reduced frequency of checks: Reg 1756/2004 Criteria for eligibility An average of at least 200 consignments per year; A minimum of 600 consignments inspected over the previous 3 years; Less than 1% of its consignments must be intercepted because of harmful organisms. No reduced frequency for plants for planting and import under emergency measures.

Reduced frequency of checks: Reg 1756/2004 Depends on The number of interceptions associated with the particular trade The estimated mobility of the harmful organism concerned The number of inspected consignments. Revised annually depending on the risk index http://ec.europa.eu/food/plant/plant_health_biosafety/trade_non_eu/r educed_frequency_checks_en.htm

Reduced frequency of checks: Reg 1756/2004 Depends on The number of interceptions associated with the particular trade The estimated mobility of the harmful organism concerned The number of inspected consignments. Revised annually depending on the Currently risk index there are 52 products recommended for http://ec.europa.eu/food/plant/plant_health_biosafety/trade_non_eu/r reduced frequency educed_frequency_checks_en.htm

Inspections at destination Identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Council Directive 2000/29/EC, which may be carried out at a place other than the point of entry into the Community or at a place close by and specifying the conditions related to these checks Commission Directive 2004/103/EC Annex V Part A I plant passports for plants originated in the EU Part A II plant passports for protected zones Part B I phytosanitary examination in case of third country import Part B II phytosanitary examination in case of third country import into protected zones

Inspections at destination

Inspections at destination: Com Dir 2004/103/EC Point of entry Documentary check PHMD Point of destination Identity and physical check Approved place Minimum requirements for approved places : Com Dir 98/22/EC agreement between the plant health authorities responsible for the point of entry and the point of destination

Inspections at destination: Com Dir 2004/103/EC Point of entry PHMD Point of destination Approved place Documentary check Identity and physical check

Exemptions Scientific purposes

Exemptions But I need to import material for scientific research?! Commission Directive 2008/61/EC of 17 June 2008 establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/EC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections 69

Rules: Application prior to introduction or movement Approval of activities as per Annex I of Directive Letter of Authority as per Annex II During transport: Accompanied by Letter of Authority Under quarantine containment conditions From non-eu: PC (if necessary) This material is imported under Directive 2008/61/EC 70

Consignment from a non-eu country Phytosanitary Inspection: documentary check identity check Phytosanitary checks Customs clearance Interception Free for circulation within EU (if not listed in Annex VA) Free movement with plant passport (if listed in Annex VA) 1. Import Prohibition

Examples of non-compliance - failure to comply with phytosanitary import requirements - detection of regulated pests - failure to comply with documentary requirements, including: absence of phytosanitary certificates uncertified alterations or erasures to phytosanitary certificates deficiencies in information on phytosanitary certificates fraudulent phytosanitary certificates - prohibited consignments - prohibited articles in consignments(e.g. soil) - evidence of failure of specified treatments

Consignment from a non EU country Phytosanitary Inspection: documentary check identity check Phytosanitary checks Customs clearance Interception ISPM 13 Free for circulation within EU (if not listed in Annex VA) Free movement with plant passport (if listed in Annex VA) 1. Import Prohibition 2. Phytosanitary measures 3. Notifications

Consignment from a non EU country Phytosanitary Inspection: documentary check identity check Phytosanitary checks Customs clearance Interception EUROPHYT Free for circulation within EU (if not listed in Annex VA) Free movement with plant passport (if listed in Annex VA) 1. Import Prohibition 2. Phytosanitary measures 3. Notifications

Thank you for your kind attention 77