2454 final report.pdf - Agra CEAS Consulting

Evaluation of the Community Plant Health Regime: Final Report
DG SANCO Evaluation Framework Contract Lot 3 (Food Chain)
The survey revealed that both CAs and stakeholders 111 consider that the measures to deal with
non-compliance imports are largely effective:
General survey results
Q3.1.j Extent to which the measures to deal with non-compliance have been effective in preventing the
introduction of HOs into the Community:
22 out of 26 MS CAs and 9 out of 21 stakeholders 111 consider that the measures to deal with non-compliance have
been effective in preventing the introduction of HOs (1 MS CA and 11 stakeholders do not know).
The large number of measures prescribed by the legislation in the case of non-compliance aims
to provide a pragmatic solution for each specific case. The methodology for the physical control
varies from one type of consignment to another and therefore the list of possible measures allows
MS some flexibility to find the most appropriate solution.
While this aim largely appears to be fulfilled, there is a risk that trade objectives may override
plant health objectives in the process of deciding on the most appropriate measure. Some
interviewees have mentioned that in several MS the least trade-restrictive measures are applied
and these are not always the most effective ones from a plant health point of view. Decisions are
taken in order to facilitate trade at the cost of plant health.
One such area where problems occur is in the case of large bulk cargoes of e.g. fuel-wood. The
inspection of such shipments is carried out after discharge and if non-compliance is observed
through the visual check, it is too late to consider reloading the complete cargo; neither is it so
simple to follow the requirements of the CPHR, for example destroying the contaminated
consignment of wood.
3.4.3 Cooperation with Customs systems and procedures
This section covers issues of cooperation between the competent authorities for plant health and
customs, as well as the consistency of existing nomenclature and interoperability of IT systems
used in these two areas.
Customs legislation applies to all entry and exit of goods into and from EU customs territory.
This is without prejudice to specific rules laid down in specific fields, including plant health.
This has practical implications: often customs services are the ones first faced with a situation,
but in case of specific requirements on plant health it can be the phytosanitary inspection
services.
When a consignment arrives in the EU at a point of entry (PoE), its arrival is notified to the
customs office of entry. Imports that arrive direct from a third country to a MS and that require
the MS customs clearance must be accompanied by a Phytosanitary Certificate. These imports
must be pre-notified to the Phytosanitary Inspectorate. The Inspectorate carries out a
documentary check, once completed, the Inspector signs and stamps the Plant Health Movement
Document. The identity and physical check of the consignments are carried out either at the PoE
111 The large number of stakeholders that have responded ‗do not know‘ in this case may reflect the significant
presence of non-traders amongst the stakeholders that responded to the survey. Of the 10 stakeholders that took a
definite position on this question, 9 have indicated the system is effective.
Food Chain Evaluation Consortium 93