2454 final report.pdf - Agra CEAS Consulting

3.8 Export, transit and re-export issues
Evaluation of the Community Plant Health Regime: Final Report
DG SANCO Evaluation Framework Contract Lot 3 (Food Chain)
Provisions for EU exports 160 to third countries (TCs) have not been included in the CPHR 161 ,
other than simply in terms of the format of phytosanitary export certificates.
Although the current Community plant health legislative framework does not cover exports from
the EU, there is a framework for relations with third countries on issues of plant health in the
context of SPS commitments and bilateral agreements with third countries and within the overall
framework of the WTO-SPS Agreement and the IPPC. It is noted that international standards for
phytosanitary measures (ISPM) exist in some trade sensitive areas, e.g. on trade in wood/wood
products and certain plants.
On the other hand, third countries have requirements in place for imports from the EU, with lists
of quarantine pests different from those of the Community (the import requirements and
approaches of third countries are explored further in section 3.13). MS authorities are required to
provide guarantees to third countries that consignments are free from the quarantine pests
regulated by them and that the necessary requirements have been complied with. To this end,
export inspections are in place, partly based on import inspections and plant passport inspections
(supervised by the NPPO) carried out earlier in the chain. Exporting companies are responsible
for meeting the requirements of third countries, while MS authorities (NPPOs) are responsible
for the guarantees they provide to third country NPPOs.
Breeding, production, distribution and marketing of plants are often a very international business
with complex incoming and outgoing flows of plant materials. An official movement document
is not required in case of transit from a third country through MS to another third country as long
as the plant materials are not imported (i.e., Customs cleared for entry to the internal market) and
in absence of phytosanitary risks linked to the transport. Phytosanitary transit is governed by the
Directive 2000/29/EC, in line with the IPPC (ISPM No. 7 and No. 12) which provides that
governments safeguard the phytosanitary integrity of consignments under transit through their
territory. As a consequence of the free movement of consignments on the internal market, such
safeguard provisions in practice need to also cover the transit through the territory of other MS,
until consignments leave the EU territory. For this reason, the Roosendaal Group 162 in 2007
developed a voluntary intra-Community phytosanitary communication document for transit.
Some MS call for Community legislation to implement fully ISPM No. 25 "Consignments in
transit".
According to the results of the general survey, the current documentation foreseen in cases of
transit and re-export (official plant health movement document for re-export and of the intra-
Community phytosanitary communication document for transit) have largely been effective for
preventing the spread of HOs as well as for facilitating trade in plants and plant products.
160 In the case of re-export, plant materials from third countries are imported by a MS and re-exported either from
that MS or from another MS.
161 These aspects do not forma part of the ToR for this evaluation, but their consideration has been included here for
completeness.
162 The role of this Group is described in section 2.7
Food Chain Evaluation Consortium 151