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| Report of Market Access Ombudsman Council (May 13, 1994) |
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1. Complainants: Australian and New Zealand Chamber of Commerce, French Embassy, Australian Embassy, Embassy of Colombia
2. Ministry concerned: Ministry of Agriculture, Forestry and Fisheries
3. Complaint:
The Plant Protection Law and ordinances set out restrictions, prohibitions and inspection of import, and require importers of plants to report imports to the Plant Protection Station and submit them for inspection by plant quarantine officers immediately. When inspections find no harmful pests and diseases, a plant quarantine certificate is issued and the plant(s) in question may be imported. If harmful pests or diseases are found, steps to disinfect or destroy may be taken, depending on their type.
Importation of specified plants from specified areas in ministry ordinance is prohibited. However, if the exporting country has developed an effective disinfection or disinfestation method for a certain plant product which ensures its complete freedom from designated pests or diseases and the reliability of this method is approved by Japan, importation is permitted under certain conditions. Even in such cases, inspection by plant quarantine officers is required on importation.
As an ordinary exception, GATT clause 20(b) permits adopting an enforcing use or execution of "measures necessary to protect human, animal or plant life or health." At the Uruguay Round, the "Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement)" was agreed to as the rule for application of ordinary exceptions to sanitary and phytosanitary measures. This Agreement stipulates that the sanitary and phytosanitary measures must be applied only to the extent necessary to protect human, animal or plant life or health and must be based on scientific principles.
The Secretariat of the International Plant Protection Convention (IPPC) is currently drawing up proposed guidelines for pest risk analysis (PRA) concerning standards for these quarantine measures and studying risk management procedures.
The Australian and New Zealand Chambers of Commerce in Japan have raised specific complaints 1) and 2) as follows.
1) Eliminating fumigation for kiwi fruit
New Zealand kiwi fruit on which two-spotted spider mite is found is required to be fumigated, but two-spotted spider mite is also found in Japan and thus there is no risk in terms of plant protection. Accordingly, the fumigation requirement should be dropped.
2) Review of fumigation for imported asparagus, etc.
If asparagus, etc. from New Zealand imported into Japan is found to carry pests, it is required to be fumigated. However, most of these pests are found in Japan as well and there is no need for fumigation. The pest risk analysis currently under study by regional plant protection organizations as well as the FAO should be accepted and unnecessary damage to agricultural products caused by fumigation should be avoided.
The French Embassy has raised the following complaint.
3) Relaxation of sanitary requirements for imported agricultural products
Importation of French apples and other fruits and vegetables is prohibited because of the presence of Mediterranean fruit fly and Codling moth, but sanitary requirements should be relaxed and importation of these products permitted.
The following complaints have been submitted by the Australian Embassy.
4) Elimination of zero tolerance for cut flower imports
Japan enforces a zero tolerance policy for imports of cut flowers, requiring fumigation if even one pest is found, regardless of whether such pests are harmful to Japanese agriculture. However, a scientific pest risk analysis should be used to evaluate imports from each country and a distinction established between pests requiring or not requiring quarantine.
5) Expanding fruit fly area freedom
Japan prohibits importation of Australian fruits because of the presence of Mediterranean fruit fly. However, except for the State of Western Australia, the Mediterranean fruit fly has been eliminated from the mainland of Australia. Japan should designate the region as area freedom from Mediterranean fruit fly, as the United States has done.
6) Lifting an import ban of Australian apples
Importation of Australian apples is prohibited because of the presence of Codling moth, Mediterranean fruit fly and Queensland fruit fly. Australia has been requesting lift of the import ban of apples for many years and has recently confined its request to Tasmanian Fuji apples, but is disappointed at the slowness of Japanese technical study. Permission to import Australian apples should be granted soon, in conjunction with consultation with other countries.
7) Lifting an import ban of Australian mangoes
Importation of Australian mangoes is prohibited because of the presence of Mediterranean fruit fly and Queensland fruit fly, but procedures to permit importation should be carried out soon.
8) Cold disinfestation treatment for imported oranges and lemons and transfer of inspection by Japanese plant quarantine officers
Importation of Australian oranges and lemons is permitted on condition that they undergo cold disinfestation treatment and that treatment be checked by Japanese plant quarantine officers. However, the expense of this inspection constitutes a burden on exporters. In the case of export to countries other than Japan, this inspection is carried out by Australian plant quarantine officers, and Japan should allow inspection by Australian plant quarantine officers as well.
The Colombian Embassy has raised the following complaints.
9) Introducing a pre-export inspection system for Colombian cut flowers
In order to promote Colombian cut flowers on the Japanese market, a pre-export inspection system, where Japanese plant quarantine officers are assigned to carry out product inspection in the exporting country, should be established in Colombia.
10) Lifting an import ban of Colombian fresh fruit
Importation of the following Colombian fresh fruit should be permitted.
* Regarding Colombian strawberries, the United States permits importation with a quarantine certificate from the Colombian government, and the EC permits importation without restriction. Since Japan permits importation of American strawberries fumigated with methyl bromide, it should permit importation of similarly treated Colombian strawberries.
* The United States permits importation of mangoes from all countries after hot water treatment. Japan should permit importation of similarly treated Colombian mangoes.
* Other countries permit importation of Colombian pitaya after hot water treatment and Japan should permit importation of such produce similarly treated.
4. Results of deliberation:
From the viewpoint of promoting imports, import inspection procedures for plant imports are also demanded to be simplified as far as technically possible, and import prohibition measures are also demanded to be minimized.
Accordingly, as provided for in the SPS Agreement, plant protection measures should be confined in scope to those designed to prevent the entry of harmful pests into Japan and based on scientific principles, and there should be clear explanations of the ground for each measure and of the inspection procedures required.
Regarding the respective issues raised in this complaint, conclusions based on scientific principles should be reached as soon as possible by clarifying the respective conditions and procedures necessary to make the improvements requested by the complainants, by talking with the exporting country authorities as soon as possible, by providing enough opportunities for the exporting country to express its views so as to fully satisfy the complainants, and by taking active steps to supply the necessary information.
Further, it is very important for Japan to make efforts to gain the understanding of other countries concerning the various systems in place. Accordingly, the content of English-language pamphlets should be expanded and improved to facilitate understanding.
Concerning the respective issues raised in this complaint, first, the ministry concerned will meet by import inspection and fumigation ones with the following measures.
Concerning 1) the matter of two-spotted spider mite found on New Zealand kiwi fruit, the New Zealand authorities have been shown data on the deference between two-spotted spider mite found in Japan and in New Zealand from the viewpoint of resistance to pesticides. The two countries are also currently studying scientific methods of proving whether the two-spotted spider mite found in Japan are of the same biotypes as those in New Zealand.
Concerning 2) the matter of insects found on asparagus, etc. from New Zealand, a similar study will be done, after receiving information concerning specific pests to be provided by the New Zealand plant quarantine authorities.
Concerning 4) the matter of pests found on Australian cut flowers, after receiving information concerning specific pests to be provided by the Australian quarantine authorities, a study like that in 1) above will be done. Further, based on the complainant's request, specimen sampling methods and size of specimens when quarantine inspection is carried out will be provided.
Regarding the above, in order to identify pests which are not a subject of quarantine as clearly as possible based on scientific principles in the future, development of methods of proving whether the pests in the complaints raised are the same strain or biotype as those found in Japan must be promoted. In addition, Japan should actively cooperate in the IPPC's pest risk analysis work to formulate an international agreement concerning such procedures.
Secondly, concerning lifting an import ban of prohibited plants, the concerned ministry is taking the following steps.
3) Regarding French apples, since the France submitted specific data when they repeated their request in December 1993 that imports be allowed, a technical study is being carried out by experts.
6) Regarding Australian apples, a proposal on experiment methods was made for technical data submitted by Australia at a plant quarantine experts' meeting with Australia in September 1993. Australia accepted the proposal and since additional experiments are currently taking place, procedures for lifting an import ban will be taken once results of these experiments are known.
7) Regarding Australian mangoes, at the above-mentioned meeting in September 1993, the tests carried out by Australia were approved and no problems were found either when on-site confirmation was carried out in February 1994. Accordingly, if agreement on quarantine measures can be reached at this year's meeting, procedures for lifting an import ban will be progressed.
10) Among the Colombian fruits mentioned in this complaint, steps to provide technical cooperation for vapor heat treatment of pitaya to disinfest Mediterranean fruit fly are being taken, and Colombian experts are being trained in Japan. Regarding fruits other than pitaya, specific requests from Colombia will be awaited and the matter of whether to allow importation after vapor heat treatment will be discussed in experts' meetings and so on.
Japan should provide sufficient detailed information concerning conditions for lifting an import ban and the procedures required, actively provide technical cooperation as far as possible, and speed up discussions on the above matters.
Thirdly, concerning item 5) fruit fly area freedom designation, the concerned ministry will receive detailed data from the Australian authorities, and will allow the designation if studies ascertain that the designated pest is not present in the area.
Regarding area freedom of the Australian continent, except for Western Australia, the complainant has pointed out that this designation has already been approved by the United States and the question of using the study results obtained at that time as well to carry out the necessary inspection quickly and to carry out designation should be studied.
Fourth, regarding item 8), confirmation of cold disinfestation treatment by Japanese plant quarantine officers, the concerned ministry has made cold disinfestation treatment a condition for importation, and since there have also been some troubles over recording the temperatures used for cold disinfestation processing, it will be necessary for Japanese plant quarantine officers to continue inspection.
As the complainant has pointed out, since quarantine is carried out in addition to this inspection when the fruits in question are imported into Japan, ways of lightening this inspection burden should be studied, and logical conclusions satisfactory to the both authorities involved should be reached as soon as possible.
Finally, regarding introduction of a pre-export quarantine system for Colombian cut flowers, the ministry concerned received a request from the Colombian government in April 1993, documents describing a plant quarantine system between Japan and Colombia were exchanged in September 1993 and the possibilities of such a system are currently being studied.
A conclusion regarding this matter should be reached as soon as possible, based on the exchange of detailed information.
| Government decision (June 24, 1994) |
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Regarding plant quarantine measures, conditions for the improvement will be clarified, negotiations will be progressed, and conclusions will be reached soon, under the policy that the measures should be taken within the scope necessary to prevent the entry of harmful pests to Japan, with clear justification for such measures and inspecting procedures, and based on scientific grounds.
(1) Scope of pests for quarantine
Leaving the issue of identifying as far as possible pests not requiring quarantine for the future, we will promote the development of methods of verifying that the pests below, which are in the current complaints, are of the same type as those found in Japan and will actively cooperate in the activities of the Secretariat of the International Plant Protection Convention to form an international consensus on such procedures.
* two-spotted spider mite found on New Zealand kiwi fruit
* pests found on New Zealand asparagus and pests on Australian cut flowers (to be deal with when the quarantine authorities of the exporting country inform us of specific pests)
(2) Lifting ban on plant imports
We will provide sufficient information on conditions and procedures for lifting of the import ban and will take the following actions:
* Regarding French apples, technical studies currently being conducted by Japanese and French specialists in response to French requests for lifting the import ban wi11 be carried out quickly.
* Regarding Australian apples, procedures to 1lft the import ban will be taken soon, after receiving thc results of additional tests currently being carried out in Australia. Regarding Australian mangoes, a final agreement concerning measures will be reached at a meeting with Australian plant quarantine experts to be held this year, and procedures to lift the import ban will be taken soon.
* Regarding Colombian pitaya, we are actively cooperating in training Colombian specialists in Japan and will provide other technical cooperation for vapor treatment. Regarding other fruits, after receiving specific requests from Colombia, we are prepared to consult with Colombian plant quarantine experts for permitting imports after vapor heat treatment.
(3) Fruit fly free area designation
Regarding the complaint received from Australia concerning expanding areas designated as fruit fly free, the necessary measures will be taken soon, after receiving specific data from Australia, and also using study results presented when the U.S. applied this designation.
(4) Cold disinfestation treatment
Regarding verification of cold disinfestation treatment of Australian oranges and lemons by Japanese plant quarantine officials, measures to lighten the inspection burden will be studied thoroughly and adjustments will be made soon among the authorities concerned.
(5) Pre-export quarantine
Regarding the introduction of pre-export quarantine system for Colombian cut flowers, we received a request from the Colombian government in April 1993, and documents describing plant quarantine system in both countries were exchanged in September 1993. A study of the possibility of introducing pre-export quarantine system will be carried out soon.
(6) Promoting understanding of Japan's systems
English brochures on Japan's systems will be improved to facilitate understanding of Japan's system.
| Follow-up (June 5, 1995) |
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[Respective issues]
3. Results of deliberation in report:
Leaving to the future the issue of distinguishing as far as possible harmful pests requiring or not requiring quarantine, methods for proving the existence in Japan of pests of the same biotype as those in question in the following complaints will be developed and Japan will actively participate in the work of creating guidelines for pest risk analysis which the Secretariat of the International Plant Protection Convention (IPPC) is currently drawing up.
* Two-spotted spider mite found on New Zealand kiwi fruit
* Pests found on New Zealand asparagus and on Australian cut flowers (Information concerning specific pests will be provided by the quarantine authorities in the exporting countries. Specimen sampling methods and specimen size when quarantine inspection is carried out will be provided based on the complainant's request.)
4. Measures taken:
Committee members were dispatched to the Committee of Experts on Phytosanitary Measures (CEPM) of the United Nations' Food and Agriculture Organization (FAO) in May 1994 and May 1995. Proposed standards for plant inspection measures were discussed at these meetings. Staff from the ministry concerned also attended meetings of the working group to develop guidelines for pest risk analysis in August 1994 and March 1995, and plans further active participation in meetings of both bodies.
Specimens of two-spotted spider mite found on New Zealand kiwi fruit were provided in April 1995 and preparations are being made to test their comparative resistance to drugs.
Regarding pests found on New Zealand asparagus and on Australian cut flowers, appropriate measures will be taken when information concerning specific pests is received from the countries involved.
3. Results of deliberation in report:
Specific information on the conditions and procedures necessary for lifting import bans will be provided and the following measures will be adopted.
* Regarding French apples, at France's request to lift the ban, technical studies by French and Japanese experts will be carried out promptly.
* Regarding Australian apples, arrangements to lift the ban will be taken promptly after results of additional experiments carried out by Australia are received. Regarding Australian mangoes, after final agreement regarding inspection measures is reached at a plant quarantine experts' meeting with Australia, arrangements to lift the ban will be made promptly.
* Regarding Colombian pitaya, Japan will actively carry out technical cooperation including training for Colombian experts in Japan. For other fruits, specific requests from Colombia will be awaited and the matter of whether to allow importation after vapor heat treatment will be discussed at experts' meetings and so on.
4. Measures taken:
Regarding French apples, an experts' meeting was held in May 1994 and agreement was reached regarding the experiments which France should carry out. France is currently carrying out pesticide experiments, and technical evaluation will begin once experiment data are submitted.
For Australian apples, Australia provided additional experiment data in October 1994, but the scale of the experiments was too small to prove that Codling moths present on apples were completely eliminated and accordingly, safety could not be evaluated. Additional experiment data were submitted in April 1995, which are currently being subjected to technical evaluation. Regarding Australian mangoes, it was determined that there were no problems with Australia's inspection system, and the import ban was lifted in October 1994 on condition, among others, that vapor heat treatment be carried out.
Regarding Colombian pitaya fruit, three Colombian experts were trained in Japan in May 1994. In April 1995, Japanese experts were dispatched to Colombia to study conditions relating to technical cooperation for vapor heat treatment for Mediterranean fruit fly disinfestation. Policies for effective technical cooperation will be drawn up based on the results of this study. For other fruits, specific requests from Colombia will be awaited and the matter of whether to allow importation will be studied.
3. Results of deliberation in report:
Regarding expansion of areas designated as free of fruit flies, a matter raised by Australia, the Australian authorities will provide detailed data and the necessary verification will be carried out promptly, employing study results which the United States and others used when approving this matter.
4. Measures taken:
In July 1994, the Australian authorities provided detailed data on the presence of Mediterranean fruit fly in Australia, conditions at fruit orchards which it was suggested be designated as fruit fly free, measures to be taken if fruit flies were detected, and so on. The study methods used when designation was approved by the U.S. are also being referred to and the matter is being studied comprehensively. Upon completion of technical evaluation, if it is determined that there is no problem with approving area freedom, agreement will be reached on the necessary inspection measures, hearings will be held, and arrangements will be made to revise the relevant laws.
3. Results of deliberation in report:
Regarding checking by Japanese plant quarantine inspectors of Australian oranges and lemons which have undergone cold disinfestation treatment, measures to reduce the inspection burden will be studied and the matter will be coordinated among the relevant authorities.
4. Measures taken:
Cold disinfestation is a condition for lifting the ban on imports of Australian oranges and lemons. However, Japanese plants quarantine inspectors verifying the processing discovered cases where temperatures had not been properly recorded, and at the regular meeting for Japan-Australia plant inspection in September 1994, Japanese officials gave the Australian authorities specific examples and requested that cold disinfestation be carried out appropriately. Taking into both consideration improvements in carrying out cold disinfestation by Australia and the safety of inspections, the work sharing of inspection between Australian and Japanese plant quarantine inspectors will be studied, in order to lighten the inspection burden where verification of cold disinfestation is concerned.
3. Results of deliberation in report:
In response to a request from the Colombian government in April 1993 to introduce a pre-export quarantine system for Colombian cut flowers, Colombia and Japan exchanged documents describing each plant quarantine system in September 1993. Possibilities of introducing the system will be studied promptly.
4. Measures taken:
The study was continued subsequently through exchange of documents with Colombia in March and July of 1994. In March 1995, Japan presented final questions about whether there is a stable volume of exports year-round and regarding the system and organization of inspection facilities. If it can be ascertained whether these conditions can be met, a directive will be issued promptly concerning the items agreed to by Japan and Colombia and a pre-export quarantine system will be established in Colombia.
In order to ascertain the conditions when the system is established, based on Colombia's answers to the above questions, plant quarantine experts will be dispatched to Colombia to conduct a prior study for the pre-export quarantine system for cut flowers.
3. Results of deliberation in report:
The content of materials in English concerning Japan's system will be expanded to facilitate understanding.
4. Measures taken:
"Quarantine of Import Plants and Plant Products," information in English on the overall Japanese plant inspection system, was published in March 1995 and distributed to foreign embassies and legations embassies in Tokyo, etc., and will be distributed in the future as well.