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COMMITTEE ON COMMODITY PROBLEMS |
SUB-GROUP ON TROPICAL FRUITS |
First Session |
Pattaya, Thailand, 25-28 May 1998 |
TRADE IN TROPICAL FRUIT: PHYTOSANITARY ISSUES CONCERNING IMPORTS AND EXPORTS |
II. PHYTOSANITARY ISSUES CONCERNING IMPORTS
III. SYSTEMS TO MEET PHYTOSANITARY IMPORT REQUIREMENTS
1. As for all fresh fruits and vegetables, trade in tropical fruit can occur only if a number of requirements are met. These are firstly, the requirements of the purchaser, as regards quality and price, and secondly, the requirements of the government of the importing country which has the responsibility to safeguard plant and human health, if necessary through the regulation of imports of products that may pose risks. This document deals with phytosanitary issues, while document CCP: SG TF 98/7 deals with sanitary aspects affecting human health.
2. Risks to plant health concern plant pests1 including fungi, bacteria, viruses, nematodes, insects and mites and other plants such as weeds. Pests of regulatory concern may be those that do not occur in the territory of the importing country or those that are present in the country but are subject to control measures to prevent further spread or to mitigate the economic impact of their damage. It is this category of regulated pests which defines the scope of phytosanitary protection measures and which may have implications for trade.
3. The concerns of governments of importing countries for plant health can lead to the specification of a considerable number of requirements for exporters to meet. Each trading nation has different pests and rationales for their regulatory positions. Also, there is some diversity in the measures used for pest risk management and great variability in the capability of national systems to implement measures for protection or meet the requirements of other countries. Consequently, the resolution of phytosanitary issues of concern to a national plant protection organization (NPPO) can be complex.
4. The Agreement on the Application of Sanitary and Phytosanitary Measures of the Uruguay Round (SPS Agreement) provides guidance to members of the WTO on the fair and reasonable use of sanitary and phytosanitary measures in trade. The International Plant Protection Convention (IPPC) is named in the SPS Agreement as the international standard-setting body for phytosanitary measures. Although the scope of the IPPC is broader than its application to trade, the guidance provided by the IPPC concerning measures in trade is consistent with and complementary to the SPS Agreement. The relatively recent development of a relationship between these institutions reflects the shift towards globally harmonized approaches to achieve rules-based trade under the WTO in the area of plant protection.
5. However, there remain, in many countries, a great many regulations and procedures affecting the import of plant products which may seem to trading partners to be of dubious validity. It is hoped that greater conformity to the principles and provisions of the SPS and the IPPC, either through a conscious effort to observe the obligations therein or as a result of dispute resolution, will bring all countries to embrace scientifically-based phytosanitary regulations which are both fair and safe.
6. Phytosanitary requirements are designed to provide the level of protection deemed appropriate by the importing country as it relates to imported plants, plant products or other articles regulated for phytosanitary purposes. In developing and applying phytosanitary requirements, governments take into account not only the need to protect the plant health status of their country but also their obligations under bilateral, regional, or international agreements. The IPPC and the SPS Agreement are of particular relevance in this respect.
7. The IPPC describes the responsibilities, rights and obligations of governments in undertaking their regulatory functions in phytosanitary matters. It also elaborates the duties of NPPOs the requirements in relation to imports, and the use of phytosanitary certification as a means to assure importing countries of compliance with their requirements. This is balanced by the requirement for measures to be technically justified and correspond in their strength to the risk involved. International Standards for Phytosanitary Measures (ISPMs) established under the IPPC provide greater detail for harmonization in the application of phytosanitary measures.
8. The SPS Agreement attempts to facilitate trade by setting rules for the application of standards in sanitary and phytosanitary matters. Key principles of the SPS have also been elaborated in the New Revised Text of the IPPC and in standards established under the IPPC. These complementary principles describe the concepts upon which trading countries should base their regulations, procedures, and actions in relation to international trade and plant quarantine. Therefore, as agencies prepare import regulations they must bear in mind not only national interests, but also the obligations to which they have agreed to adhere under the IPPC and the SPS Agreement.
9. Specifically, phytosanitary measures must:
10. Although there are grounds for optimism for the management of phytosanitary systems in the future, it must be recognised that the need for accurate phytosanitary information, the need to develop and observe standards, and the need to understand the range of dispute systems available for phytosanitary controversies becomes more acute as time passes.
11. Where plants or plant products for export have certain pests associated with them which could lead to having to meet phytosanitary requirements in a specific importing country, the exporting country must put into place systems to ensure that the standards set by the NPPO of the importing country are met. These may range from rigorous and complex control and testing systems to simple inspections. Typically, where an unacceptable pest risk has been identified, the import requirements will involve a treatment or a combination of pest mitigation measures which must be competently executed to assure a high level of confidence for the certifying official in the exporting country as well as the phytosanitary authorities in the importing country.
12. In developing such systems, an NPPO must take note that importing countries may prefer that their requirements are met without the use of a chemical or physical treatment so that there are no pesticide residues, no additional costs, and product quality is not affected. Normally, imports from pest-free production areas are preferred because of the above-mentioned factors. Growing concern over the adverse effects of chemical treatments is expected to enhance the attractiveness of pest-free areas or places of production, as well as of non-chemical pest-management options for assuring that commodities meet import requirements.
13. Physical treatments, with no residue problems, are the next most favoured means of meeting phytosanitary requirements. These may include: hot water immersion treatment, vapour heat treatment and forced air treatment. In some cases a combination of treatments such as refrigeration and fumigation and long-term cold treatment are successful in lowering pest risks adequately. Some of these physical treatments do not have much flexibility and can be satisfactory only when the fruit is in optimum condition and the equipment is functioning perfectly.
14. Extending the treatment combination concept, a "systems approach" can be employed where a series of different safeguards and mitigations are linked in a defined system to reduce the pest risk to acceptable levels. This procedure has been used by the mainland United States for avocado imports from Mexico and Hawaii. These systems are usually based on commodities being poor hosts or non-hosts of the pests in question. Also, such approaches usually afford greater general acceptance of the "treatments" for a range of pests rather than for just one species.
15. It should be noted that irradiation as a treatment could offer opportunities for trade in many tropical fruits, especially in the event that methyl bromide is banned. Irradiation has been used in a two year commercial project (April 1995- July 1997) for fruit from Hawaii to mainland United States. Despite a perception that there is public resistance to radiation treated products, there are many reports of public acceptance and, in some cases, public preference for irradiated food in this market.
16. For the export of tropical produce to countries with stringent requirements, an infrastructure with the following components is generally required:
17. An importing country must be satisfied of compliance with its requirements. This involves the NPPO of the importing country making checks of different types (depending on the procedure(s) used to achieve the pest risk reduction) on the system(s) being used. The importing country NPPO may check:
18. Therefore, the exporting NPPO must have checking systems of its own to ensure that the national production and certification procedures operate in a manner that allows the importing country's requirements to be satisfied.
19. In summary, the meeting of the requirements of an importing country requires full information about that country's standards and cooperation between the government authority of the exporting country and its exporters and producers. These groups need to develop reliable and efficient systems so that the NPPO of an importing country has confidence in the production and certification systems. The certification procedure must conform to checks so that only produce that meets requirements is exported. Without an appropriate infrastructure with official and industry inputs, there is little likelihood that stringent phytosanitary requirements could be met.
20. The ease or difficulty of export of plant products is dependent to a large extent on the requirements of the intended market. For some countries, there are few if any import requirements, and consequently the export of plant products to those markets may be a relatively simple matter. For others, the introduction of pests which can affect national plant production potential, for the domestic or export markets, may be a significant threat, and these countries may have stringent import regulations. In these instances, it can take several years to establish appropriate systems to meet the requirements and give the importing country assurance that the risks of pest establishment are low enough to be acceptable.
21. As there are differing degrees of stringency of import requirements, so there are different ways of structuring regulations. In some countries the regulations may be generic and apply to all trade partners for a particular crop; in others the regulations may be more specific and apply to a particular crop/country combination; in most cases, there is some combination of both generic and specific types. In any event, requirements should conform to international standards or in the absence of standards be based on pest-risk analysis.
22. Many factors need to be considered in the successful export of tropical fruit. After obtaining the up-to-date sanitary and phytosanitary requirements of the prospective importing country or countries, the exporter and NPPO of the exporting country have to determine if the same, or other procedures achieving an equivalent level of protection can be put in place so that the product can meet the requirements. For any import requirement but the most simple, considerable effort, expertise and expense may need to be outlaid to meet phytosanitary requirements. An export system may include some or all of the following components:
23. Systems for the exportation of tropical fruits are often not developed quickly and may be expensive. Industry and government must be convinced of the benefits to be derived from exports before embarking on a course to gain export markets for tropical fruit which involve meeting difficult import requirements. This requires a long-term view and careful consideration of the costs and benefits in order to prioritize efforts. For example, the export of fresh fruit from Chile to the United States began a decade ago based on only a few commodities with relatively simple requirements. As a result of very careful strategic planning and investment in targeted research, Chile has successfully increased the number of commodities authorized for export to the United States and has expanded the volume tremendously - to the point where Chile is now the major supplier of winter fruit and vegetables to the United States. In addition, Chile has successfully argued for lowering the stringency of many requirements through a history of "clean" shipments and sound scientific arguments.
24. To overcome the problems inherent in the export of tropical fruit, NPPOs must consider a wide-ranging strategy that includes:
25. It is intended that the complementary relationship of the IPPC and the SPS Agreement will facilitate trade. However, it will take time for major facilitating factors to fully develop, for example, the elaboration of a satisfactory range of phytosanitary standards.
26. The reduced availability and acceptance of pesticides, especially the pending loss of methyl bromide as a fumigant for quarantine treatments, will clearly have strong implications for trade in tropical fruits - many of which require fumigation either as a condition for export or as a result of the detection of pests. To date, initiatives toward research for alternatives has been extremely limited, although funding mechanisms exist and expertise is available. This is an area where there is both a urgent need and substantial benefit to be gained from relatively small investments.
1 Any species, strain, plant, animal or pathogenic agent injurious to plant or plant products. Source: Glossary of Phytosanitary Terms - FAO 1996.
