3rd Report of the Market Access Ombudsman Council (March 18, 1996)

1-(1) Dispatching Plant Quarantine Inspectors to Control the Vapor Heat Treatment of Fresh Fruits before Being Shipped to Japan

1. Complainant: Thai Embassy

2. Ministry concerned: Ministry of Agriculture, Forestry and Fisheries

3. Background Information:

If a plant is a host plant to a pest that has not been found in Japan and may cause a serious damage to agricultural production when entering the country, the Plant Quarantine Law prohibits the import of the host plant from the region where the pest occur. In case of Thailand, since oriental fruit flies and melon flies, both of which are serious pests, have been found there, the law prohibits the import of mango and papaya, both of which are host plants of the pests, from Thailand. However, the import of four specific varieties of the fresh fruits of mango from the Kingdom of Thailand to Japan is approved, if they meet the standard designated by the Minister of Agriculture, Forestry and Fisheries. The notice by the Ministry of Agriculture, Forestry and Fisheries indicates the standard: the method of transportation, inspection and certification matters done in place of origin, method of disinfection and packing, and place of packaging. The standard also prescribes vapor heat treatment (VHT, hereafter) by the Thai side before shipment to Japan and, to confirm this process, that the Japanese side will dispatch plant quarantine inspectors. In essence, the plant quarantine certificate issued by the plant quarantine office of the Kingdom of Thailand that states, as a result of an inspection by the plant quarantine office of the Kingdom of Thailand, the office recognizes or believes that the product is free of harmful animals or plants must carry a statement by a plant quarantine inspector of Japan that he confirms the inspection and disinfection have been implemented appropriately. It is agreed that the expenses for the Japanese side plant quarantine inspectors that are incurred during their stay in Thailand must be borne by the Thai side.

4. Complaint:

The complainant states that Thai suppliers fully understand the Japanese governments' concern over the contamination of imported fruits by fruit flies and such and that they are willing and prepared to accommodate VHT. However, the complainant raised the following problems concerning the Japanese side's alleviation of the standards.

Thai exports its mangos to twelve countries. Japan is the only country to assign plant quarantine inspector, let alone conduct VHT. The other countries allow the import of mangos based on a certificate issued by the Thai government. The expenses incurred for the Japanese plant quarantine inspectors' stay borne by the Thai side raise the export cost to Japan. Furthermore, even if Thai side constructs additional VHT facilities in other regions in Thailand and request Japan to assign more plant quarantine inspectors, there is a concern that Japan will not assign a sufficient number of quarantine inspectors.

As for VHT, Thai specialists trained in Japan use Japanese machinery, and have gained sufficient experience since 1986 so that they are fully capable of managing the VHT on their own. Therefore, from 1997, Thai specialists should be authorized to manage the VHT on their own, and attach computer temperature records to the quarantine certificate for the Japanese authorities' reference.

5. Results of Deliberation:

The ministry concerned claims that it is prepared to assign a sufficient number of Japanese side quarantine inspectors when the Thai side increases the facilities in the future. In addition, the ministry should carry out the following.

(1) While the ministry concerned claims that its engineers have discussions with the Thai side engineers in the field, there is a discrepancy in the recognition of failures to satisfy the designated standards, which are claimed to have occurred in the field, between the Thai side and the ministry concerned. In addition, there is a difference in the recognition of the acceptance conditions for Thai-grown mangos imposed by other countries. Therefore, first of all, the two sides should confirm the facts.

(2) The complete extermination technology by VHT was developed with the technological cooperation of Japanese experts. Thai engineers have also received training in Japan. Therefore, Thai and Japanese sides should promptly discuss the feasibility of abolishing a Japanese plant quarantine inspector's checking the VHT and the conditions therefor (e.g. appropriate facilities and trained technicians) as well as to confirm the facts mentioned the above.

(3) As for the problem of expenses, even if a decision should be made to continue to assign an inspector, Thai and Japanese sides should promptly discuss the feasibility and measures for reducing the burden on Thai side by simplifying the procedure, such as by shortening the overall duration of the inspector's stay in Thailand.

Government decision (March 26, 1996)

1-(1) Dispatching Plant Quarantine Inspectors to Control the Vapor Heat Treatment of Fresh Fruits before Being Shipped to Japan

Besides assigning a sufficient number of Japanese side quarantine inspectors when the Thai side increases mango disinfestation facilities in the future, the following actions will be taken.

(1) First, as for the vapor heat treatment (VHT, hereafter), the problems which are claimed to have occurred in the field will be confirmed. At the same time, Thai and Japanese sides will promptly discuss the feasibility of abolishing a Japanese plant quarantine inspector's checking the VHT and the conditions therefor (e.g. appropriate facilities and a trained technician).

(2) As for the problem of expenses, even if a decision should be made to continue to assign an inspector, Thai and Japanese sides will promptly discuss the feasibility and measures for reducing the burden on Thai side by simplifying the procedure, such as by shortening the overall duration of the inspector's stay in Thailand.

Follow-up (May 12, 1997)

1-(1) Dispatching Plant Quarantine Inspectors to Control the Vapor Heat Treatment of Fresh Fruits before Being Shipped to Japan

The following measures were agreed to at a meeting of agricultural experts at the Japan-Thailand Economic Council on April 26, 1996:

(1) Failures to satisfy designated standards did occur, but this was basically in connection with the execution of important technical measures, specifically, improper adjustment of the temperature sensors and improper closure of vents in the facility.

(2) Because the Thai side acknowledged that they did have problems maintaining the VHT facility, they agreed to the necessity of dispatching Japanese plant quarantine inspectors.

(3) Regarding the issue of expenses, Thailand and Japan will work more closely to lighten the burden on the Thai side by shortening the overall duration of the inspector's stay in Thailand.