Report on the Implementation of the derogation to ... - Trade Websites

Final <strong>Report</strong>
RoO Derogation under the PACP-IEPA
WCPFC CNMs have CAs (e.g. Belize, El Salvador, Ecuador, Indonesia, Mexico, Panama, Senegal,
Vietnam). In contrast, most PICs with a purse seine fleet have not established a CA (e.g. FSM,
Kiribati, RMI, Tuvalu, and Vanuatu). Most of the Vanuatu fleet fishes in PNG under the FSMA, and is
discussed further in Section 5.6.2).
5.6.2 PNG Competent Authority
The National Fisheries Authority (NFA) has been PNG’s Competent Authority since 2002, and has
been implementing the EU SPS regulation since that time. A large Audit and Certification Unit (ACU)
within the MCS Group carries out this work, with 11 qualified staff, including port coordinators in
three locations (Lae, Madang and Port Moresby) with another position soon to be established in
Wewak.
The ACU has developed formal PNG Standards for Fisheries Products (PNGSFFP 2009), a Procedures
Manual (2011), Quality Systems Manual and a Monitoring Plan which is reviewed annually, and is
well advanced in implementing EU Export Protocols. 220 Fifty-three vessels and four processing plants
(including PNG’s existing three canned tuna processing operations – RD Tuna Canners, Frabelle and
South Seas Tuna Corporation) 221 are currently on the DG SANCO list for PNG.
Freezer carrier vessels are inspected annually, but are not required to implement Hazard Analysis
and Critical Control Point Analysis (HACCP) systems, in contrast to fishing vessels, which as primary
producers, are required to do so.
As at 16 February 2011, of the 53 vessels listed for PNG on DG SANCO’s list for SPS compliance, 30
were fishing vessels, covering 8 domestic flag (PNG) vessels, 16 Philippines flag (chartered) vessels, 4
Vanuatu and 2 China flag (chartered) vessels. In addition, 23 freezer carrier vessels (all Philippines
flag) were also on the list.
PNG has a Memorandum of Understanding (MoU) with the Philippines, applicable under Regulation
(EC) 854/2004 (Art 15), such that the CA of the Philippines delegates authority to NFA for inspection
and certification of Philippine vessels for compliance with EU SPS requirements.
222 Hence, the large
number of Philippine chartered vessels are inspected and audited by PNG’s ACU each year. There
are three chartered vessels from Taiwan on Taiwan’s SANCO list which could presumably supply SPScompliant
fish to PNG processors under the global sourcing derogation. However, the four Vanuatu
flag vessels operating under charter arrangements technically cannot supply SPS-compliant fish,
despite anomalously being on PNG’s SANCO list. In Vanuatu’s case, there is currently no CA
established, nor an MOU in place with PNG authorizing PNG to inspect vessels on Vanuatu’s
behalf. 223 There is also a Japan-flag chartered vessel (and also on Japan’s DG SANCO list) unloading
part of its catch to one PNG plant. Catch certificates are received from Japan, and the Annex 4
document is processed by the relevant port office for any product destined for export to EU markets.
220 A. Kango, NFA, pers. comm., September-December 2011; documents available at NFA.
221 The forth is Frescomar in Lae, a value-adding plant associated with Frabelle, which processes mostly
raw/frozen fish and is not covered by this review.
222 da Silva 2009.
223 When queried about this issue, NFA’s ACU officials were unsure why the Vanuatu and Chinese were
included in PNG’s DG SANCO list, but confirmed that fish from these vessels would not qualify for EU market
access.
Linpico s.a.r.l. Page 114