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 Directive foresees a menu of measures depending on the HOs to which these are
addressed, as determined by the HO listing in the Annexes I to VI. Although the definition of
a HO in the Directive formally applies to all HOs, in practice the current scope pertains to
regulated quarantine pests, thereby largely excluding regulated non quarantine pests (RNQPs)
for which a tolerance level is applicable.
The provisions for setting up of monitoring and surveillance programmes have the objective
to ensure that the EU territory (or Protected Zones) remains free of HOs. The provisions to
carry out annual surveys in the MS are confined to HOs related to Protected Zones and to
Emergency Measures. It is compulsory for MS to notify findings of listed organisms as well
as those non-listed organisms that are found for the first time in the territory of a MS.
The approach followed for the categorisation of HOs and the monitoring and surveillance
measures are further evaluated in a specific thematic case study (Theme 1).
The existing provisions of preventive measures on imports in part pertain to HOs which are
not allowed to enter the EU territory, either in general (Annex I of the Directive) or when
linked to specific commodities (Annex II). Other provisions specify plants and plant products
of which import from TCs into the EU is prohibited, as well as specific import requirements
for commodities (e.g. official guarantees that the material originates from a country, region,
field or place of production that is free from the HO involved, or official guarantees for
appropriate treatment of commodities to eliminate any such HOs 31 ). In line with the WTO-
SPS agreement, requirements for intra-Community trade must equate to the provisions for
import from TCs, except when differences in provisions are technically justified.
Regulated plants and plant products must, as a general rule, be accompanied by an official
plant health certificate as laid down in the EU legislation. The products are subject to both
documentary and physical checks before release into the Community by customs authorities;
documentary checks must always be carried out at the border, while identity checks and plant
health checks may be carried out at the final destination. For intra-Community movements
between the point of entry and the final destination where the import inspections are carried
out, the CPHR requires the use of an official plant health document that was developed for
this purpose. In case of risk of spread of HOs, compulsory import inspection checks can be
imposed on the relevant plants and plant products. The import regime was revised in 2002
inter alia with the introduction of reduced frequency checks under certain conditions,
implemented from 1 January 2005.
In case of derogation requests from existing import requirements or prohibitions, the
Commission services evaluate whether the plant health situation, the official services, the
legal provisions, the control systems and production standards of the requesting TCs meet the
EU requirements. An on-the-spot inspection by the Food and Veterinary Office – FVO is
often required before the derogation can be considered. A specific system has been
established for the introduction or movement of HOs listed in the Directive, for trial or
scientific purposes and for work on varietal selections (Directive 2008/61/EC).
31 Example: coniferous wood and wood packaging material from specific third countries must be debarked and
have undergone heat treatment.
Food Chain Evaluation Consortium 31