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COMMITTEE ON COMMODITY PROBLEMS |
INTERGOVERNMENTAL GROUP ON BANANAS
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First Session |
Gold Coast, Australia, 4-8 May 1999 |
REGULATORY FRAMEWORK FOR
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II. KEY FEATURES OF THE SPS AGREEMENT
1. At its First Session in Thailand in May 1998, the Sub-Group considered that the most important development in international trade policies affecting fresh tropical fruits was the ongoing harmonization of sanitary and phytosanitary (SPS) measures. Import tariffs were already relatively low.1 The Sub-Group therefore requested that phytosanitary regulations affecting tropical fruit trade be documented, and the possible impact of the phasing out of methyl bromide as a fumigant required for the treatment of tropical fruit exports be evaluated.
2. This paper attempts to summarize the phytosanitary regulations in six major importing developed countries, highlighting the treatments required for a range of tropical fruits. However, the information is incomplete, and further efforts are being made to obtain additional information. Any new notification received from the national enquiry points of the six countries will be tabled at the Session. This document is complemented by document CCP: BA/TF 99/13 which examines alternative treatments to methyl bromide for exports of tropical fruits.
3. A major contribution of the SPS Agreement is that it gives status and legal force to the standards set by the Codex Alimentarius Commission, the International Office of Epizootics (OIE) and the International Plant Protection Convention (IPPC). It is important to note that the SPS Agreement applies only to measures covering food safety, animal and plant life and human health. Other technical measures that are outside this area fall within the ambit of the Agreement on Technical Barriers to Trade (TBT Agreement). The SPS and TBT Agreements are thus complementary and mutually reinforcing.2
4. In so far as phytosanitary measures are concerned, countries should bear in mind not only national interests, but also the international obligations to which they have agreed to adhere under the IPPC and the SPS Agreement in relation to international trade and plant protection. Specifically, phytosanitary measures must:
5. The principle of equivalence established in the SPS Agreement is very important enabling exporting countries to obtain recognition that it is possible to achieve the level of protection required by an importing country by different sanitary or phytosanitary measures. This recognition was difficult before the SPS Agreement, and has proved very useful for improving market access.
6. Combined with the principle of equivalence, the concept of pest or disease free areas and areas of low pest or disease prevalence can also provide opportunities for countries to increase gain market access. The concept of area freedom enables countries or sub-regions to negotiate market access on the basis of freedom from a particular pest or disease as well as ongoing ability to maintain that status in an area. The concept of area of low pest prevalence relates to areas that are not completely pest free, but have a low incidence. The government protection agency in the exporting country must have the pest subject to effective surveillance, control or eradication measures and thus be able to demonstrate that it has a low prevalence. Like area of freedom, the acceptance and recognition of the principle of low prevalence has been a significant achievement.
7. The specific SPS regulations relating to tropical fruit imports into the United States, Canada, European Community (EC), Japan, Australia and New Zealand are outlined in the annexed tables.
8. The purpose in documenting key features of the import regulations of the six major tropical fruit importing countries was to provide a quick guide to exporters rather than an extensive scientific and legislative report. In compiling this information, the IPPC and WTO secretariats were consulted closely. In addition, national enquiry points have been approached officially for updated information, as regulations are often subject to rapid change. It is hoped that new notifications will be available by the time of the Session of the Sub-Group when these will be tabled for the benefit of delegates.
9. In general, the systems controlling the import of tropical fruit into the six markets are very similar, but each varies in detail. Analysis indicates that Australia, New Zealand, and the United States all have stringent regulations. This is not surprising as these three countries have major tropical fruit industries that could be exposed to pests, particularly fruit fly. Both Canada and Japan appear to have slightly less stringent requirements and the EC appears to have relatively easy access, except where there are certain protected exclusion zones.
10. A major constraint in the research was the difficulty in readily obtaining key information. The principal reason seems to be the on-going process of updating regulations to reflect the spirit of the SPS Agreement. However, as the study progressed it became apparent that there was generally an overall lack of information, which could pose difficulties for potential exporters from countries that do not have the resources to carry out extensive research and analysis. Therefore, the Sub-Group on Tropical Fruits could provide a role in promoting greater transparency by calling on its members to inform the Sub-Group of relevant requirements for the import of tropical fruits into their countries, as well as requirements for fruit shipped to their main export markets.
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United States | |
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Date of information |
December 1998 |
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Phytosanitary legislation |
US regulations are in the Code of Federal Regulations Chapter 7, Parts 300-399. US phytosanitary legislation are documented in the following legislation: The Federal Plant Pest Act of 1957; The Plant Quarantine Act of 1912; The Federal Noxious Weed Act of 1974; and The Federal Seed Act of 1939. |
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Import permits |
An import permit is required for lots of 13 or more articles and fresh/frozen fruits and vegetables. |
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Phytosanitary certificates |
Phytosanitary certificates are required where an additional declaration or pre-export treatment is required. |
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Transit requirements |
Consignments may require safeguard procedures to be implemented upon off-loading. |
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Inspection on arrival |
All consignments are subject to inspection at the port of first arrival. |
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Tropical fruits excluded from plant quarantine |
None |
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Tropical fruit (fresh) |
Import permits are required for commercial shipments. Phytosanitary certificates are required where additional declarations or treatments are required. Fruit must be free from leaves, twigs, or other portions of plants, plant litter or rubbish. |
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Specific requirements: |
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Mangoes |
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Pineapples |
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Papayas |
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Avocados |
Requirement is dependent |
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Lychees |
on country of origin |
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Carambola |
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Guavas |
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Mangosteen |
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Passionfruit |
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Longans |
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Canada | |
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Date of information |
January 1999 |
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Phytosanitary legislation |
Import requirements depend on the degree to which the commodity poses a pest risk. Some commodities are prohibited entry into Canada. Others require import permits and/or must be accompanied by a phytosanitary certificate at the time of entry. An inspection certificate may also be required - indicates minimum import requirements. |
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Import permits |
Not required for tropical fruits |
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Phytosanitary certificates |
The plant protection agency in the exporting country issues the phytosanitary certificate, a document which certifies that the requirements, such as inspection or treatment, have been met. |
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Inspection on arrival |
At any time, the Canadian Food Inspection Agency may randomly inspect any food product to ensure that minimum requirements (grade, labelling, standard containers, and health standards) are met. |
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Tropical fruits excluded from plant quarantine |
None |
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Tropical fruit (fresh) |
Import permit not required. Phytosanitary certification not required. Produce must be clean and free of pests and soil and id subject to inspection. |
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Specific requirements: |
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Mangoes |
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Pineapples |
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Papayas |
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Avocados |
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Lychees |
None in addition to the above |
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Carambola |
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Guavas |
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Mangosteen |
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Passionfruit |
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Longans |
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European Community | |
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Date of information |
August 1998 |
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Phytosanitary legislation |
The EC's phytosanitary legislation is detailed in the EC Annexes I to V of Council Directive 77/93/EEC of December 1976 on protective measures against the introduction into the Community of organisms harmful to plants and plant products and against their spread within the Community. |
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Import permits |
Import permits are not required for plants or plant products to enter the EC |
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Phytosanitary certificates |
Phytosanitary certificates are required for most fresh fruit. Exporters wishing to send prohibited material to the EC need to obtain a letter of authority from the importer in the country to which the material is being sent. The importer in the destination country must apply to the phytosanitary authorities of that country in order to obtain the letter of authority. |
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Inspection on arrival |
Inspection is done on arrival |
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Tropical fruit (fresh) |
Plant import permit is not required, but a phytosanitary certificate is required . |
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Specific requirements: |
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Mangoes |
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Pineapples |
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Papayas |
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Avocados |
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Lychees |
Treatments required are pest and country specific. |
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Carambola |
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Guavas |
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Mangosteen |
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Passionfruit |
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Longans |
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Japan | |
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Date of information |
January 1999 |
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Phytosanitary legislation |
Japan's phytosanitary requirements are documented in the following legislation: Plant Protection Law (1950); Plant Protection Law Enforcement Regulations (1950); and Import Quarantine Rules (1950). |
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Import permits |
Import permits are required for prohibited commodities only. |
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Phytosanitary certificates |
Phytosanitary certificates are required for all commodities unless specifically exempted. |
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Transit requirements |
All consignments require a phytosanitary certificate and a specific additional declaration where produce transits another country on route to Japan. |
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Inspection on arrival |
All plants and plant products are subject to import inspection on arrival. |
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Tropical fruits excluded from plant quarantine |
Dried fruit (specified) are subject to import inspection, however they are excluded from plant quarantine. Exclusion from plant quarantine allows the material to enter Japan without requiring a phytosanitary certificate. |
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Tropical fruit (fresh) |
An import permit is not required, but a phytosanitary certificate is required unless specified. |
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Specific requirements: |
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Mangoes |
May be imported from Philippines, China Province of Taiwan and Thailand upon vapour heat treatment |
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Pineapples |
Not applicable |
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Papayas |
May be imported from Philippines upon vapour heat treatment |
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Avocados |
Not applicable |
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Lychees |
May be imported from China upon vapour heat and cold treatments |
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Carambola |
Not applicable |
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Guavas |
Not applicable |
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Mangosteen |
Not applicable |
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Passionfruit |
Not applicable |
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Longans |
Not applicable |
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Australia | |
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Date of information |
December 1998 |
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Phytosanitary legislation |
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Import permits |
Australia requires a Quarantine Entry Form. This is not a permit but a notification to Australian Quarantine and Inspection Service (AQIS) that products will be exported. |
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Phytosanitary certificates |
Phytosanitary certificates are required and should be attached to the consignment. All phytosanitary certificates for fresh fruit must have the additional declaration "country of origin". The country of origin is important otherwise delays are likely. |
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Transit requirements |
All packaging and pallets require a declaration. |
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Inspection on arrival |
n/a |
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Tropical fruits excluded from plant quarantine |
None. All costs of inspection and treatment are at the expense of the importer. |
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Tropical fruit (fresh) |
Import permit and phytosanitary certificate required for restricted fruits. |
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Specific requirements: |
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Mangoes |
May be imported from Fiji, Haiti, India, Mexico and Philippines upon treatment |
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Pineapples |
May be imported from Europe, New Zealand, Pacific Islands and USA upon EDB or MB treatment |
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Papayas |
May be imported from any country except New Zealand with EDB treatment |
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Avocados |
Phytosanitary and additional declaration. May be imported from New Zealand, Norfolk Island, USA and all sources with ethylene di-bromide (EDB) treatment |
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Lychees |
Phytosanitary and additional declaration - may require fumigation with EDB or low temperature treatment (from South Africa) |
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Carambola |
Prohibited from all sources |
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Guavas |
Prohibited from all sources |
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Mangosteen |
Prohibited from all sources |
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Passionfruit |
Phytosanitary and additional declaration. May be imported from New Zealand with only basic requirements |
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Longans |
n/a |
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New Zealand | |
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Date of information |
October 1997 |
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Phytosanitary legislation |
Section 22 of the Biosecurity Act 1993 covers importation. |
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Import permits |
All plants/plant products entering NZ must be covered by an import health standard which describes the conditions to be met in the country of origin or export, during transit, during importation and quarantine and after introduction. |
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Phytosanitary certificates |
The supply countries export certificate, phytosanitary certificate, is an integral part of the NZ MAF biosecurity system. Instead of sampling the consignment on arrival, the onus is on the exporting country to ensure that its plant material meets NZ's phytosanitary requirements. |
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Transit requirements |
n/a |
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Inspection on arrival |
Border inspection is used to check compliance with NZ's import health standards. |
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Tropical fruits excluded from plant quarantine |
None |
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Tropical fruit (fresh) |
All host material of fruit fly species which have been categorised as risk group 3 quarantine pests shall only be imported under the terms of a bilateral quarantine arrangement/work plan between NZ MAF's Chief Plants Officer and the head of the supply country's national plant protection organisation. |
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Specific requirements: |
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Mangoes |
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Pineapples |
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Papayas |
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Avocados |
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Lychees |
Fruit fly requires pre-export requirements including inspection of the consignment, testing the consignment, and treatment |
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Carambola |
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Guavas |
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Mangosteen |
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Passionfruit |
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Longans |
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1 Information on tariffs for tropical fruits is included in document CCP: BA/TF 99/CRS.1.
2 For additional information, see CCP: SG TF 98/6 "Trade in tropical fruit: Phytosanitary issues concerning imports and exports"and CCP: SG TF 98/7 "Tropical fruits: Food safety issue under the SPS measures of the World Trade Organization."