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| 6th Report of Market Access Ombudsman Council (March 16, 2000) |
1. Complainant: New Zealand Embassy
2. Ministry concerned: Ministry of Agriculture, Forestry and Fisheries
3. Complaint:
Fumigation occurs whenever Japanese plant quarantine officers identify on imported product an organism not included on Japan's list of 57 non-quarantine pests. New Zealand kiwifruit on which common storage organisms are found are required to be fumigated, even though comparable organisms are found in Japan without being subject to effective control programmes, and thus there is no scientific justification to fumigate imports in terms of plant protection. Fumigation reduces the shelf-life of the product and can lead to consumer about fumigation residues, which has the effect of discriminating against imported kiwifruit from New Zealand. Imports of New Zealand kiwifruit have been subject to an increasing rate of fumigation, from an average of around around 13% of lots per shipment in 1996, to 30% 1997, and 40-43 per cent in 1998. As for 1999, from June this year, fumigation rates have been around 80 per cent.
We request that the fumigation requirement should be applied only to pests which are found on imported fruit and which do not occur in Japan or are subject to effective control programmes.
4. Corresponding Policy of the Ministries concerned:
(1) Over the past few years, fumigation rate for New Zealand kiwi fruit, which was 24.3% in 1996, has been increasing, reaching 71.1% in 1999 (January-June) (on a per case basis).
As the result of inspection, quarantine pests such as Fuller's Rose Weevil and thrips have been found, especially the Fuller's Rose Weevil's detection is the highest during the import inspection. In 1996, Fuller's Rose Weevil were found at the rate of 19.1% (on a per case basis), but this had risen to 61.9% in 1999 (January-June).
Since Fuller's rose weevil has a characteristic to lay eggs into chasms such as bark of the stem and a calyx of fruit as hiding eggs from view, clusters of its eggs were sometimes (often) found in a calyx of a kiwifruit by our inspection, and in particular this year their detection has increased rapidly.
(2) Fuller's rose weevil is designated as "quarantine pests" stipulated in Article 5-2 of Plant Protection Law, since it does not occur in Japan.
Fuller's rose weevil is known as one of the agricultural pests causing a serious damage to a great variety of plants, such as shrubs and trees, for example, kiwifruit, citrus fruit, apple, pear, rose and chrysanthemum.
Therefore, Fuller's rose weevil is to be subject to import quaratine in Japan as it is deemed to be an important pest which we should guard against its import.
As for thrips, these pests are also designated as "quarantine pests", because Some speices do not occur in Japan, and even for those which are present in Japan, they are subject to neccesary domestic control measures.
Therefore, the pests subject to fumigation concerning Kiwifruits produced in New Zealand are not common strage organisms as stated in complaint, but "quarantine pests" which may have potential import effects on agricultural production in Japan. We are of the view that fumigation is based on sientific evidence and in consistent with international standards for phytosanitary measures.
(Further developments)
Regarding the ministry's policies, the complainant argued that (1) a list of quarantin pests should be drawn up, rather than using a list of non-quarantine pests; (2) it should be ascertained whether Fuller's Rose Weevil really exists in Japan.
The ministry replied as follows to the complainant's arguments:
(1) Japanese positions on this issue may differ since each import quarantine scheme is different. New Zealand' system is that in cases where application of import authorized for new plants is made, approval is not granted until PRA to pests which could be infested with the plants is finished. Under this system, pests which is deemed to be harmful for New Zealand are added to the positive list, based on PRA. This system can ensure security by means of that plants infested with the pests which PRA by importing country has not been finished are not approved to be imported.
On the other hand, we consider our system is carrited out in a more transparent manner, since it enable applicant to import all of plants, except those subject to import prohibition or to growing-site inspection in exporting countries. However, for the purpose of preventing the introduction or establishment of harmuful pests accunted for more than 100 thousands including unknown ones which may cause serious damage to domestic agriculture, and on the basis of the idea that the negative list approach can be effective operrated, it is necessary to determine quarantine pests in negative not listing by positive way. To this end, it is not approapriate to argue the issue by picking up only difference in how to indicate quarantine pests between us.
(2) Fuller's Rose Weevil had not distributed in Japan, but in the past few years it has been discovered in certain very limited fields and accordingly, Japan has controled it with national subsidy and even stricter import quarantine inspections are being carried out to prevent further invasion.
5. Remarks
The two countries agreed to continue discussing this issue in bilateral meetings.