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(Provisional Translation)

6th Report of Market Access Ombudsman Council (March 16, 2000)

1-(3) Relaxing plant quarantine standards (apples)

1. Complainant: New Zealand Embassy


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


3. Complaint:

Imports of six kinds of raw apples from New Zealand, which have passed the MAFF standard, is now permitted. However, this standard requires that the apples should be planted in the specific area where Japanese and New Zealand plant quarantine officers can conduct inspections on fireblight on apples in adequate season. As a result, New Zealand apples-growers, who are taking part in Japan export programme, have to create 500 metre buffer zones around the designated orchards, facing increased costs. New Zealand submitted to MAFF on 27 August 1998 a scientific study demonstrating that mature apples cannot be a vector for fireblight. MAFF Plant Quarantine responded with a series of questions on 13 August 1999.
We request that Japan accept our scientists' arguments that mature apples cannot be a vector for fireblight, and thus abolish the standard which requires 500 m buffer zones and plantation in designated areas.


4. Corresponding Policy of the Ministries concerned:

(1) Apples is prohibited to import as host of fireblight by Plant Protection Law because there are records that fireblight infested to apple. However, in cases where certain phytosanitary measure which prevents to introduce fireblight into Japan is established, this prohibition is lifted on condition that this measure applies.

(2) Though New Zealand side represented to abolish this phytosanitary measure, it is difficult to do so because it is possible that fireblight infested to apple. It is possible to consider modification of the current measure if New Zealand side offers alternative measure and demonstrates scientifically and technicallys that new measure also prevents to introduce fireblight.

(3) In any case, we think that it is important to discuss further this issue between New Zealnd and Japan plant quarantine authorities from the scientific and technical viewpoints.


5. Remarks
The two countries agreed that their respective plant quarantine authorities would continue discussing this matter.