(Provisional Translation)

7th Report of Market Access Ombudsman Council (March 18, 2002)

1-(1) Transparency and rationalization of plant quarantine

1. Complainant: Tokyo Chamber of Commerce and Industryry

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

3. Background:

(1) Specification of reasons for disinfection orders

Any person who has imported plants should take an inspection (import inspection) by notifying the Plant Protection Station without delay (Article 8). As a result of the import inspection, if there are "quarantine pests," an order to take a disinfection or disposal measure is made depending on the kind of quarantine pest discovered (Article 9).
Under the Plant Protection Law, not all pests are subject to disinfection or disposal. Under an ordinance of the Ministry of Agriculture, Forestry and Fisheries, quarantine pests means pests that could damage useful plants and where domestication has not yet been confirmed or partially confirmed through a program to detect the occurrence and other necessary control measures taken by the government.

(2) Improvement of disinfection method

As to the standards for disinfection methods, the Import Plant Quarantine Regulations prescribe various methods such as fumigation in a hydrocyanic acid gas warehouse and fumigation in a methyl bromide warehouse, depending on the kind of quarantine pests.
Of the chemicals used for fumigation, methyl bromide will be abolished in 2005 based on the Montreal Protocol to protect the ozone layer, except in the cases where the use of the chemical has been agreed as essential or for quarantine purposes.

(3) Improvement of implementation method of import inspection and disinfection

a. The Japan Plant Quarantine Association performs "quarantine application procedures and all other clerical procedures based on the Plant Protection Law" on consignment from importers.
b. Quarantine and prevention based on the Plant Protection Law shall be conducted by a Plant Quarantine Inspector (Article 3).

A Plant Quarantine Inspector inspects 1] if an imported plant violates Article 6 (if a phytosanitary certificate issued by the government organization of the exporting country is attached), 2] if it is a plant for which importation is prohibited, and 3] if any quarantine pests accompany it. As a result of the inspection, if there are quarantine pests, the Plant Quarantine Inspector disinfects or disposes the plant in question, or issues an order to disinfect the plant in his/her presence. (Article 8, Article 9)

Changes in the number of plant quarantine inspectors in the past three years were as follows:
As of the end of FY2000: 782, as of the end of FY2001: 783, as of the end of FY2002: 798 (estimate).

4. Complaint:

(1) Specification of reason for disinfection order

a. Ensuring specification of reason

Importers are ordered to disinfect imported plants without being notified of specific reasons (the name of quarantine pests accompanying the plants).
On this point, the 3rd Report of the Market Access Ombudsman Council (March 18, 1996) says, "As a result of an inspection of an imported plant, if it is necessary to take measures, such as disinfection, a plant quarantine inspector attaches the reason (including the name of the insect carrying disease germs) to the Import Inspection Application submitted by the importer and notifies the importer or the trustee of the measures (Omitted) . Based on the complaint presented, efforts will be made so that the method for notifying importers of information such as inspection results will be fully informed."
However, the present situation remains the same as in FY1995. Specification of the reason for disinfection orders, etc. is not fully informed.
The Ministry of Agriculture, Forestry and Fisheries should without fail specify the reason for disinfection orders, etc. and take necessary measures to prevent unnecessary disinfection.

b. Issuance of "Disinfection (Disposal) Order"

Some importers want to have a "Disinfection (Disposal) Order" issued in order to prompt the operators of the exporting country to improve their production process or claim damages.
However, in order to have a "Disinfection (Disposal) Order" issued, an importer has to make a request each time and if the importers wants to receive an order via an intermediary, it takes several days. This constitutes an obstacle when the importer claims damages, etc. against the operator of the exporting country.
Therefore, "Disinfection (Disposal) Orders" should be issued for all cases in question without requiring separate applications.

(2) Improvement of disinfection method

There are said to be as many as 100,000 kinds of insects carrying disease germs. At present, there are 17 different kinds of disinfection methods for plant quarantine, including fumigation by hydrocyanic acid gas or methyl bromide.
However, methyl bromide and hydrocyanic acid gases are chemicals that are said to have adverse effects on human body, substances, and global environment. Consumers have been calling for a disinfecting method that has fewer effects on human body, substances and global environment.
The Ministry of Agriculture, Forestry and Fisheries should study and introduce a disinfection method that has fewer effects on the human body, substances and the global environment than the present methods.

(3) Improvement of import inspection and disinfection method

a. Notification of the time (schedule) to start import inspection

With regard to import inspections, the time to start each inspection is not notified to importers and, in some cases, importers are forced to wait for a long period of time.
The Ministry of Agriculture, Forestry and Fisheries should indicate the time to start an inspection for each importer beforehand in order to increase the convenience to importers.

b. Exclusion of involvement of the Japan Plant Quarantine Association

At harbors where an office of the Japan Plant Quarantine Association is located, most importers conclude a proxy contract with the association to entrust to it clerical work concerning disinfection, etc.
Meanwhile, there are cases where non-members of the association are virtually unable to have their imports fumigated, as fumigators are reluctant to comply with direct requests for fumigation from non-members for fear of pressures from the association.
Amid the prolonged recession, expenses paid to the association are a financial burden for small and medium-sized enterprises. Moreover, the clerical work done by the association is not commensurate with the expense they pay. Therefore, the Ministry of Agriculture, Forestry and Fisheries should exclude the involvement of the association in the implementation of fumigation and establish a system under which fumigation can be done by the involvement of three parties alone - a quarantine office, fumigator, and fumigation applicant.

c. Implementation of all-case, same-day inspection by revising the operations of plant quarantine inspectors

At seaports or airports where imports, mainly of fresh vegetables, have increased sharply, when the imports exceed the inspection capacity of the plant quarantine office of the seaport or airport in question (the average number of inspections in the two busiest months of the past three years), inspection is sometimes conducted not on the same day but on the next day.
However, since postponing inspection of perishables entails a huge economic loss, all perishables should be inspected on the same day.
The Ministry of Agriculture, Forestry and Fisheries cites a lack of plant quarantine inspectors as the reason for next-day inspection. Since a drastic increase in the number of plant quarantine inspectors cannot be expected amid the move toward a slimmer administration, the current operations of plant quarantine inspectors should be drastically reviewed and measures to cope with the increasing volume of imports should be urgently established.

5. Results of deliberation:

(1) Specification of reason for disinfection order

a. Ensuring specification of reason

With regard to specification of the reason for a disinfection order, etc., a similar problem was raised in FY1995 and the Office of Market Access (OMA) decided to have the ministry concerned fully inform the necessity of specifying the reason for a disinfection order, etc.
However, the measure adopted by the ministry concerned on the basis of the OMA decision in FY1995 was simply notifying importers of the reason for disinfection orders, such as names of quarantine pests, verbally, not in writing. In order to receive a notification in writing, an importer has to request the issuance of a "Disinfection (Disposal) Order" separately.
Moreover, the "Disinfection (Disposal) Order" form does not have a column to list the specific reasons for a disinfection order, such as the names of quarantine pests. The ministry concerned writes the names of insects carrying disease germs in the column to write the kind of disinfection method.
The ministry concerned admits that a notification of the reason for disinfection order may not be conveyed to the importer, as more than one proxy is involved as intermediaries.
But, if an oral notification is uncertain due to the involvement of more than one intermediary, it makes it all the more necessary to convey the notification not orally but in writing in all cases. The ministry concerned should without fail take necessary measures to convey a notification to importers. Based on the above, the ministry concerned should specify the reason for disinfection order, etc. by 1] establishing a system to issue documents specifying the names, etc. of quarantine pests by promoting computerization and 2] creating a column to specify specific reasons for disinfection order, etc., such as names of quarantine pests, in the "Disinfection (Disposal) Order" form.

b. Issuance of "Disinfection (Disposal) Order"

The ministry concerned contends that there are many importers who do not need to have a "Disinfection (Disposal) Order" issued every time. However, there are also importers who do need to have a "Disinfection (Disposal) Order" issued. The ministry concerned should take measures for the benefit of such importers.
Based on the above and for the benefit of those who need to have a "Disinfection (Disposal) Order" issued, the ministry concerned should introduce a system to register importers who want to have a "Disinfection (Disposal) Order" issued each time and to automatically issue a "Disinfection (Disposal) Order" to such importers even without a separate request for the issuance.

(2) Improvement of disinfection method

The ministry concerned maintains that fumigation by methyl bromide is widely used for disinfection of various insects carrying disease germs as it is capable of treating a large amount of plants accurately, easily and promptly and as there is no alternative chemicals. The ministry also maintains that methyl bromide is not a restricted chemical under the Montreal Protocol.
Although the use of methyl bromide is not restricted by the Montreal Protocol, it is advisable to use other alternative methods if possible.
The ministry concerned should strive to develop new technology and establish a disinfection method that is less harmful to plants, etc. or that does not use or uses only a small amount of methyl bromide.

(3) Improvement of import inspection and disinfection method

a. Notification of the time (schedule) to start import inspection

The ministry concerned contends that since an official of a plan quarantine office is unable to understand the placement condition of a container unless he/she goes to the inspection site, it is difficult to set beforehand the time to start inspection for each importer. However, if, for example, the official confirms the placement condition of a container as soon as he/she arrives at the inspection site, it will be possible for the official to notify the importer of a rough time to start inspection.
Based on the above, the ministry concerned should study ways to notify a rough time to start inspection for each importer upon request from importers in order to lessen the burden on importers and for their benefits.

b. Exclusion of involvement of the Japan Plant Quarantine Association

The ministry concerned maintains that the Japan Plant Quarantine Association is a voluntary organization composed of importers and that the state is not involved in proxy contracts concluded between an importer and the association as they are totally free economic activities of the private sector. The ministry also maintains that the state cannot involve itself in a private contract between an importer and a fumigator.
However, we believe that preventing an invasion from abroad of quarantine pests that are harmful to plants, etc. is a duty of the state. Establishing an environment to permit smooth disinfection to that end is also a duty of the state.
The ministry concerned should actively study what it can do to establish an environment for smooth disinfection, while giving due consideration to free contracts concluded by private operators.
Based on the above, the ministry concerned should strive to fully inform those concerned that it is not necessary to involve the Japan Plant Quarantine Association in fumigation, so that importers wishing to have their imports fumigated without the involvement of the association can do so without any restrictions.

c. Implementation of all-case, same-day inspection by revising operations of plant quarantine inspectors

Since freshness is important for perishable agricultural produce, import inspection should be conducted prompted and should not be postponed until the next day or later.
However, during the time when imports of fresh vegetables increase sharply, import inspections are sometimes not conducted on the same day and postponed until the next day or later.
As a reason for this, the ministry concerned cites the limit in the inspection capacity of plant quarantine offices. However, the situation of import inspection being postponed until the next day or later is not a year-round phenomenon but a phenomenon that occurs only during a certain period of a year when imports of fresh vegetables increase sharply. Therefore, it is necessary for the ministry concerned to adopt a measure to adequately cope with the seasonal increase of imports and to study ways to implement all-case, same-day inspections.
Based on the above, the ministry concerned should strive to make operations of plant quarantine inspectors more efficient and study ways to implement all-case, same-day inspection in response to a seasonal fluctuation of import volume by, for example, utilizing private engineers or part-time workers.

Government decision (March 20, 2002)

1-(1) Transparency and rationalization of plant quarantine

The following measures will be taken regarding transparency and rationalization of plant quarantine.

A. In order to specify the reason for disinfection order, etc., the ministry concerned will specify the reason for disinfection order, etc. by 1] establishing a system to issue documents specifying the names, etc. of quarantine pests by promoting computerization and 2] creating a column to specify specific reasons for disinfection order, etc., such as names of quarantine pests, in the "Disinfection (Disposal) Order" form.

B. For the benefit of those who need to have a "Disinfection (Disposal) Order" issued, the ministry concerned will introduce a system to register importers who want to have a "Disinfection (Disposal) Order" issued each time and to automatically issue a "Disinfection (Disposal) Order" to such importers even without a separate request for its issuance.

C. With regard to the disinfection method, the ministry concerned will strive to develop new technology and establish a disinfection method that is less harmful to plants, etc. or that does not use or uses only a small amount of methyl bromide.

D. In order to lessen the burden on importers and for their benefits, the ministry concerned will study ways to notify the rough time to start inspection for each importer upon request from importers.

E. The ministry concerned will strive to fully inform those concerned that it is not necessary to involve the Japan Plant Quarantine Association in fumigation, so that importers wishing to have their imports fumigated without the involvement of the association can do so without any restrictions.

F. The ministry concerned will strive to make operations of plant quarantine inspectors more efficient and study ways to implement all-case, same-day inspection in response to a seasonal fluctuation of import volume by, for example, utilizing private engineers or part-time workers.