Voluntary Report - public distribution

**Date:** 9/1/2005

**GAIN Report Number:** E35173

E35173

**EU-25**

**Sanitary/Phytosanitary/Food Safety**

**EU Authorizes a Reduction in the Frequency of Phytosanitary
Inspections for US Apples**

**2005**

**Approved by:**

![](media/image1.wmf)Norval Francis

U.S. Mission to the EU

**Prepared by:**

David Leishman and Celsa Monros

**Report Highlights:**

Starting September 1, 2005, EU Member States are authorized to reduce
the frequency inspections on imports of US apples from the current level
of 100 percent to a minimum of 15 percent. Individual EU Member States
can now adopt their own inspection frequency at a level between 15 and
100 percent.

Includes PSD Changes: No

Includes Trade Matrix: No

Unscheduled Report

Brussels USEU \[BE2\]

\[E3\]

The European Commission (EC) has notified USDA/APHIS that, starting
September 1, 2005, EU Member States are authorized to reduce the
frequency of inspections on imports of US apples from the current level
of 100 percent to a minimum of 15 percent. Each EU Member State can
adopt an inspection frequency level of between 15 and 100 percent. The
decision on US apples, taken by the Reduced Frequency Working Group of
the EC Directorate General for Health and Consumer Protection (SANCO),
is based on sufficient inspection data to qualify for a reduction under
the terms of Commission Regulation (EC) 1756/2004.

As US citrus fruit already qualifies for reduced inspections, US pears
and US cherries remain the main products affected by the more stringent
phytosanitary inspection requirements.

## Background

Starting January 1, 2005, the amended EU plant health directive set a
100 percent inspection requirement for certain imported plant products,
unless they qualified for reduced inspection rates. While this amendment
was originally published in 2002, the criteria for reduced inspections
were only made available in October 2004. Furthermore, the decision
about which products would qualify for reduced inspection became known
only a few weeks before the 100 percent inspections began. As a result,
several US products failed to immediately qualify for reduced
inspections, especially since the criteria were not risk-based, but
rather were based on an arbitrary past number of inspected shipments.

# Related legislation 

The underlying plant health directive
[(2000/29/EC)](http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=32000L0029&model=guichett)
was adopted in 2000. Article 13 of the directive (which applies to
imported products) suggests the possibility of less than 100 percent
inspection:

\"\...that these plants, plant products and other objects and their
packaging shall be meticulously inspected on an official basis, **either
in their entirety or by representative sample**,..\"

Directive 2000/29/EEC was substantially amended in 2002 by Directive
[2002/89/EC](http://europa.eu.int/eur-lex/pri/en/oj/dat/2002/l_355/l_35520021230en00450060.pdf),
which completely replaced article 13 with language that appears to
preclude the possibility of representative sample inspections:

\"\...shall consist of meticulous inspections by the responsible
official bodies **on at least:**

\(i\) **each consignment declared**, under the customs formalities, to
consist of or to contain plants, plant products or other objects,
referred to in Article 13(1), (2) or (3) under the respective
conditions, or

\(ii\) in the case of a consignment which is composed of different lots,
**each lot declared**, under the customs formalities, to consist of, or
to contain, such plants, plant products or other objects.\"

The revised Article 13 allows for the possibility of reduced
inspections, under less than clear conditions:

\"The plant health checks may also be carried out at reduced frequency,
if there is evidence, collated by the Commission and based on experience
gained from earlier introduction of such material of the same origin
into the Community as confirmed by all Member States concerned, and
after consultation within the Committee referred to in Article 18, to
believe that the plants, plant products or other objects in the
consignment or lot comply with the requirements laid down in this
Directive, provided that the detailed conditions specified in
implementing provisions pursuant to paragraph 5(c) are met.\"

Paragraph 5(c) notes that implementing provisions may be adopted to:

\"....specify the detailed conditions for the evidence \... and the
criteria for the type and level of reduction of the plant health
checks.\"

These implementing provisions were finally adopted in October 2004 in
Commission Regulation [EC No
1756/2004](http://europa.eu.int/eur-lex/pri/en/oj/dat/2004/l_313/l_31320041012en00060009.pdf)
of October 11, 2004. This regulation set out the requirements for having
reduced inspections, including:

\(a\) the average number of consignments over three years of the product
concerned introduced into the Community each year is at least 200, and

\(b\) the minimum number of consignments of the product concerned for
which inspections have been carried out during the previous three years
is at least 600, and

\(c\) the number of consignments of the product concerned each year
which were found infected by the harmful organisms ... is less than 1 %
of the total number of consignments of the said product concerned
imported into the Community, and consignments consisting of the products
concerned imported in its territory.

A
[notification](http://docsonline.wto.org/DDFDocuments/t/G/SPS/NEEC188.doc)
was sent to the WTO SPS Committee in 2003, after the 2002 Amendment had
already been adopted.

**Visit our website:** our website
[www.useu.be/agri/usda.html]{.underline} provides a broad range of
useful information on EU import rules and food laws and allows easy
access to USEU reports, trade information and other practical
information.

E-mail: <AgUSEUBrussels@usda.gov>

**Related reports from USEU Brussels, EU Member State and Candidate
Country posts:**

  ------------------------------------------------------------------ ------------------------------------ ------------------
  **Report Number**                                                  **Title**                            **Date Released**

  [E35016](http://www.fas.usda.gov/gainfiles/200502/146118686.pdf)   EU Pesticide MRLs Harmonized Shortly February, 2005

  [E34035](http://www.fas.usda.gov/gainfiles/200407/146106878.pdf)   European Standards Set Tone in Food  July, 2004
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  [E34023](http://www.fas.usda.gov/gainfiles/200406/146106624.pdf)   Food and Feed Controls               June, 2004

  [E24070](http://www.fas.usda.gov/gainfiles/200404/146106112.pdf)   Importers Concerned about EU         April, 2004
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  [IT5009](http://www.fas.usda.gov/gainfiles/200503/146119208.pdf)   Fresh Deciduous Fruit Semi Annual    March, 2005

  [SP4033](http://www.fas.usda.gov/gainfiles/200501/146118567.pdf)   Fresh Deciduous Fruit Semi Annual    January, 2005

  [GM5001](http://www.fas.usda.gov/gainfiles/200412/146118231.pdf)   Fresh Deciduous Fruit Semi Annual    December, 2004

  [IT5030](http://www.fas.usda.gov/gainfiles/200508/146130655.pdf)   Italian Fresh Produce in Trouble --  August, 2005
                                                                     demand falls and competition rises   

  These reports can be accessed through our website                                                       
  [www.useu.be/agri](http://www.useu.be/agri) or through the FAS                                          
  website <http://www.fas.usda.gov/scriptsw/attacherep/default.asp>.                                      
  ------------------------------------------------------------------ ------------------------------------ ------------------