Provisional Translation
| OTO No. | 529 | Classification | MAFF-87 |
|---|---|---|---|
| Date of Acceptance | March 27, 1995 | Ministry/Agency Receiving Complaint | Economic Planning Agency |
| Responsible Ministries | Ministry of Agriculture, Forestry and Fisheries | Related Laws | Plant Protection Law |
| Complainant | Domestic firm | Exporting Countries | Thailand |
| Subject | Improvement of the plant quarantine system pertaining to imports of fresh bananas | ||
| Details of Measures | Import inspections are conducted promptly if an application for import inspection is made and once arrangements for accepting applications for plant inspections are made, and the complainant was advised of the following three points: 1. Regarding the complainant's claim that even though application for plant quarantine is made immediately after a shipment arrives on a Wednesday, plant quarantine inspection only takes place on the Friday, at the plant quarantine office's convenience: inspection takes place the morning after arrival, once arrangements for import inspection have been made. Regarding the claim that if the shipment is ordered to be fumigated as the result of plant quarantine inspection, even if the shipment can be fumigated the same day the shipment cannot be passed through customs by 5 p.m., and that unless fees for after-hours customs processing are paid, the shipment cannot clear customs before the weekend, and that if the shipment cannot be fumigated the same day, fumigation must be done the following week, so naturally the shipment can only pass through customs the following week: if the shipment fails to pass inspection, the importer may elect to disinfect or destruct of the shipment; if disinfection is chosen, plant quarantine can be completed on the day of inspection if a disinfection ion plan is presented to the plant quarantine officer early and approval is obtained. 2. If the shipment fails inspection, the applicant is informed of the reason for failure upon request. 3. Regarding scale insects found on fresh bananas, these include some which are not found in Japan and others which are of the same bio-type as those found in Japan, but in either case all are subject to plant quarantine, since different types with differing biological characteristics such as damage-causing or reproductive ability are known to exist. (The following additional reply was given.) Additionally, under the Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) based on WTO agreements regarding plant quarantine, in accordance with international guidelines adopted by the FAO in October 1995 on Pest Risk Analysis (PRA) for determining specific insect pests subject to quarantine measures by each country, Japan amended the Plant Protection Law in June 1996 after studying PRA in the light of domestic conditions and deciding on quarantine measures. All insect pests causing damage to plants are currently subject to quarantine, but under the amended Law, the following "quarantine pests" whose introduction or spread in Japan could damage useful plants, and which meet the criteria below, have been newly designated as subject to quarantine: (1) those which are not found in Japan (2) those which are found in certain parts of Japan and against which the government is taking the necessary control measures through monitoring activities and so on. The complainant was advised that the amended Plant Protection Law will be implemented from the day specified by ordinance, no later than one year from the date of the Law's official announcement (June 12, 1996). |
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| Classification of Processing | Cc | Directions | 1. II-a 2. IV 3. I-a |
| Remarks | |||