| TOP |
| 5th Report of Market Access Ombudsman Council (March 17, 1998) |
1. Complainant: Delegation of the European Commission in Japan
2. Ministry concerned: Ministry of Agriculture, Forestry and Fisheries
3. Complaint:
Import of Belgium-grown peppers and tomatoes has been banned under the Plant Protection Law, owing to outbreaks of the Mediterranean fruit fly and tobacco blue mold. In 1994, Japan and Belgium began discussions on lifting the ban on the import of peppers, etc., and the ministries concerned provided explanations on the reasons for banning import, the required procedure for lifting the ban, and the necessary materials, etc., that must be submitted for consideration.
Belgium responded to Japan's requests as far as possible, submitting scientific data and the like. In July of 1997, although on-site confirmation made by specialists of the ministries concerned was requested for final confirmation of quarantine measures, Belgium-grown peppers and tomatoes were not subjected to examination. The ministries concerned should advance the cause of lifting the ban on imports by conducting on-site confirmation and the like and lift the ban on the import of Belgium-grown peppers and tomatoes.
4. Corresponding Policy of the Ministries concerned:
The ministries concerned have already begun deliberations with the Belgian government concerning the status of Mediterranean fruit fly and tobacco blue mold outbreaks in Belgium and the required quarantine measures for lifting the ban on import of Belgium-grown peppers and tomatoes as fresh produce and have clearly expressed the following to the Belgium Plant Sanitation Agency.
(1) Japan's reasons for banning import of the produce
(2) The materials Belgium must submit
(3) The required procedure, etc., for lifting the import ban
The information and cooperation sought from the Belgian government are the same as that sought from the government of the Netherlands when the ban on the import of peppers and tomatoes grown in the Netherlands was lifted. Details follow.
(1) Because outbreaks of Mediterranean fruit fly and tobacco blue mode occurred in Belgium, the import of peppers and tomatoes (which are hosts to these parasites) as fresh produce was banned.
(2) Belgium may submit any of the following materials for Japan's consideration of lifting the ban on imports.
* Its technology for complete disinfecting of the Mediterranean fruit fly and tobacco blue mold
* Its quarantine measures for completely preventing parasitism of the pertinent harmful pests
* Proof that the pertinent harmful pests do not exist in Belgium
(3) The required procedure for lifting the ban on imports is as follows.
* Scientific materials that prove the quarantine measures are effective must be submitted.
* Japan will review these materials.
* If the materials satisfy Japan's requirements, Japan will dispatch its specialists for on-site inspection. (If the materials are insufficient, submission of additional materials will be required.)
* If the on-site inspection proves satisfactory, an explanatory meeting will be held with the related parties.
* There will then be a public hearing.
* The related legislation will then be revised (the ban on imports lifted).
Belgium submitted documents in June and November of 1996. After giving them thorough consideration, in May of 1997, Japan both requested that Belgium submit basic materials that would indicate the absence of Mediterranean fruit fly outbreak and replied that it could not accept the produce, as Belgium's quarantine measures to prevent the spread of tobacco blue mold into Japan were inadequate. Thus, in December of 1997, Belgium submitted additional materials, which are currently under review; we expect to give our reply sometime in March of 1998.
Following are our assertions on the pertinent materials.
* The past meteorological data indicate no outbreak of the Mediterranean fruit fly.
* We are prepared to both conduct an investigation on the outbreak of tobacco blue mold to specify the regions in which it occurs and to conduct testing to confirm that it has not infected tomatoes and peppers.
To Belgium's July 1997 request for on-site confirmation we replied that as such confirmation is the final confirmation of quarantine measures, it would be premature to conduct it prior to completing our review of quarantine measures.