FVO reports – Import controls for plant health in Italy and Xylella fastidiosa crisis

In case you are still surprised about the Xylella fastidiosa outbreak in the Region Apulia, in the south of Italy, which between 2014 and 2015 nearly destroyed the Italian olives harvest, you should read the following Food and Veterinary Office’s reports (n. 2014-7327, Nov. 2014, 2015-7212, June 2015 and 2015-7580, Nov. 2015) and my former article about the topic, “Plant health: Xylella fastidiosa outbreak in Italy and damages to olive trees”.

The overall picture is still not encouraging after 2 years…

Plant health import controls

“This report (2015-7603) describes the outcome of an audit carried out in Italy from 8 to 17 September 2015. The objectives were to audit the capability and the performance of the official bodies responsible for import controls and the adequacy and effectiveness of import checks carried out for plant health purposes to ensure compliance with EU requirements.

Particular attention was paid to follow up on the action taken in Italy in response to the recommendations of previous reports. Overall, some progress has been made in Italy since the previous audit (2013). The planned (comprehensive) national computer-based manual of procedures has become operational recently. It has a significant potential to address a number of the weaknesses of the plant health import control system. Certain recommendations of the previous audits have now been satisfactorily addressed, and the actions planned in response to the remaining recommendations are ongoing, albeit with a delay.

Many of the shortcomings identified during the previous audit are still present, in particular, the shortage of resources, the lack of instructions and specific technical training to carry out meticulous plant health checks. In most of the regions visited, phytosanitary risks presented by the imported commodities are not taken into account and adequate inspection facilities, although available, are not used. Therefore, the current plant health import control system does not ensure that these controls are risk based and effective. This is reflected in the number of interceptions notified by Italy of imported plant consignments and of wood packaging material originating in all Third Countries which is low compared to the volume of trade.

Xylella fastidiosa (Nov. 2014 – follow up Feb. 2014)

This report (2014-7327) describes the outcome of an audit carried out by the Food and Veterinary Office (FVO) in Italy, from 18 to 25 November 2014, following an earlier audit in February 2014.

The objective of the audit was to evaluate the plant health situation and control measures applied for Xylella fastidiosa (Well and Raju), in particular, the implementation of Commission Implementing Decision 2014/497/EU of 23 July 2014.

The audit team found that: Extensive human and financial resources have been made available for research and containment of Xylella fastidiosa, and there is a good level of awareness about the problem. With one exception, none of the eradication measures required by Decision 2014/497/EU, have been carried out. The situation has deteriorated since the last audit and Xylella fastidiosa continues to spread rapidly. The current Italian policy for the Infected Zone is now containment of Xylella fastidiosa and measures aiming at full eradication of the pest are not carried out. The current controls do not ensure that host plants not fulfilling the requirements of the EU Decision remain in the Demarcated Area. All the existing garden centres located in the Demarcated Area have not been identified and, therefore are not officially controlled. There is a possibility that not all host plant species have been identified and pathogenicity tests for a range of genera (including Vitis and Citrus) have not been concluded.

Until the precise host range of Xylella fastidiosa is known, the movement restrictions in place (although applied to a wider range of species than required in the Decision) do not provide adequate security that no infected plants leave the area. The proposed intensive surveys in the Eradication Zone, Buffer Zone and Security Zone, will help in the early detection of Xylella fastidiosa and enable the implementation of rapid eradication. This strategy could also limit the natural spread of the insect vector to new areas. However, taking into account the high populations and the passive mobility of the insect vector (vehicles, wind), the protective function of the two zones is questionable. There is a significant risk of further spreading of Xylella fastidiosa outside the Demarcated Area.

Xylella fastidiosa (June 2015)

This report (2015-7212) describes the outcome of an audit carried out by the Food and Veterinary Office (FVO) in Italy from 8 to 19 June 2015. The objectives of the audit were to evaluate the plant health situation and control measures applied for Xylella fastidiosa in Italy and in particular, the implementation of Commission Implementing Decisions 2014/497/EU and 2015/789/EU.

The audit was carried out in addition to the planned FVO programme following a further significant and rapid spread of Xylella fastidiosa in Apulia in early spring 2015 and the declaration of a state of emergency by the Italian Council of Ministers of February 2015.

The authorities responsible for the official controls of Xylella fastidiosa have developed a plan for the implementation of national legislation and the EU Decisions, which provides a sound basis for the control of Xylella fastidiosa, including surveillance, agricultural measures to suppress the vectors, movement restrictions for plants, the eradication of new outbreaks and infected plants and communication with producers and stakeholders. The FVO team found no evidence at the time of the audit, of any critical technical, resource, or general legal constraints which would prevent the authorities from implementing these measures, especially since the declaration in February 2015 of a state of emergency for Xylella fastidiosa in the Apulia region.

However, it was found that many of these measures have only been partially implemented or not implemented at all. In particular, a total of only 111 trees have been destroyed in Apulia since the first confirmation of Xylella fastidiosa in 2013. In the specific case of the Oria outbreak, only seven of the 37 infected trees have been eradicated since the outbreak in March 2015. There are now 52 infected trees in that area. The existing programme of surveys is not effective to allow for the timely detection of new outbreaks or the accurate determination of the true extent of the spread of Xylella fastidiosa.

The measures implemented so far have clearly not been sufficient to prevent the further rapid spread of Xylella fastidiosa within the Demarcated Area and, in the absence of concerted action, and full implementation of the necessary measures and effective engagement with stakeholders, the further rapid onward expansion of the disease is inevitable.

Xylella fastidiosa (Nov. 2015)

This report (2015-7580) describes the outcome of an audit carried out by the Food and Veterinary Office (FVO) in Italy from 10 to 20 November 2015. The objective of the audit was to evaluate the situation and control measures applied for Xylella fastidiosa in Italy and in particular, the implementation of Commission Implementing Decision 2015/789/EU of 18 May 2015 setting out protective measures. The action taken to address the recommendations of the previous audit on this topic was also evaluated.

This was the fourth audit to Italy on this topic; it followed developments in the national measures for X. fastidiosa, including the adoption of an action plan, and a further significant and rapid spread of the disease. The audit found that there have been some positive developments since the previous audit on this topic in June 2015. An action plan, aimed at the eradication and containment of X. fastidiosa within the demarcated area, and supported by a revised legal basis and the payment of compensation for some of the losses arising from the removal of plants, was in place.

An annual survey for the presence of X. fastidiosa has been carried out, and no evidence of the presence of the disease outside of the demarcated area has been found. However, the limited number of sites monitored in the general territory reduces the reliability of the claimed lack of presence of X. fastidiosa on the territory. This is particularly so in the area of Puglia north of the surveillance zone, which is at the highest risk from the natural spread of the disease, but which was subject to no, or only minimal, inspections. Surveys have also been carried out in the demarcated area, however the level of visual inspections applied in the surveillance zone and buffer zone is very significantly below that required by Articles 8(2) and 6(7) of Decision 2015/789/EU. The existing programme of surveys still does not ensure the timely detection of new outbreaks or the accurate determination of the true extent of the spread of X. fastidiosa in the demarcated area.

Action is now being taken in response to findings of X. fastidiosa in the demarcated area. The felling programme, which is subject to a number of significant constraints, is ongoing, however there is still a very substantial number of infected plants and host plants within 100m radius of such plants to be removed, outside of the province of Lecce.

The limited removal of plants is not in compliance with Article 6(2) of Decision 2015/789/EU, which requires that such plants are immediately removed and destroyed. There is a similarly substantial number of infected plants in the containment zone, within a distance of 20km of the border of the Province of Lecce, which have also not been removed and destroyed immediately, as required by Article 7(2)(c) of the Decision. A significant number of the plants concerned are subject to ongoing legal appeals, however it is of real concern that so many infected plants, and plants at very high risk of infection remain in place, given the evident consequences for producers in the affected areas and the onward and rapid spread of the disease to new areas and new producers.

Unless effective eradication and containment measures are implemented, the further rapid spread of the disease throughout the region is inevitable.

Spicing up EU-Indonesia food trade relations – The EU adopts emergency measures for Indonesian nutmeg

Today we have a most welcome return on our blog: Francesco Montanari, food lawyer in Lisbon and senior associate at Arcadia International, examining the EU emergency measures imposed on Indonesian nutmeg import.

Early this January, the European Union (EU) has decided to step up the conditions for importing Indonesian nutmeg into its market. Nutmeg is a high-value dried spice that derives from trees of the genus Myristica, plants that typically grow in a few Asian countries. Nutmeg has been widely used in European cuisine since the Middle Age for various purposes. According to some sources, its value increased exponentially during the 16h century, when belief had it that it could help preventing the plague. Currently, nutmeg sourced from Indonesia accounts for nearly 80% of all EU imports of that product, with Netherlands, Germany and Italy being the three top importers.

Indonesian nutmeg has been already under EU surveillance for some time mainly because of aflatoxins contamination. Indeed, it has been subject to reinforced checks at EU borders in the context of Regulation (EC) No 669/2009 since July 2012. A relatively high number of notifications (20) reported by EU Member States’ control authorities through the Rapid Alert System for Feed and Food (RASFF) over the period 2009-2012, in addition to some shortcomings emerging from an audit performed by the Food and Veterinary Office of the European Commission had justified an increase in border surveillance back then.

Over three years later, non-compliance levels reported in relation to Indonesian nutmeg do not seem to have substantially improved. A quick search in the RASFF database, in fact, shows that the number of RASFF notifications concerning this product have not decreased over the last three years, accounting for 23 border rejections.

It is against this background that the European Commission has recently decided to stiffen the import requirements applying to nutmeg with Indonesian origin.

The Commission has done so by adopting Regulation (EU) No 2016/24 whose provisions amend and supplement, among others, Annex I to Regulation (EU) No 884/2014, an EU emergency measure setting special import conditions for a number of imports presenting a high risk of aflatoxin contamination.

Applicable as of 2 February 2016, the new import requirements applicable to nutmeg from Indonesia imply that, in addition to the obligation of pre-notify the arrival of their consignments, the concerned business operators will have to provide the control authorities at EU borders also with:

  • a valid health certificate verified, signed and stamped by an authorised representative of the Indonesian Ministry of Agriculture for food, attesting that the consignment in question has been subject to sampling and analysis in conformity with EU legislation; and
  • an analytical report detailing the results of the tests performed in the country of origin in compliance with the maximum levels set by Regulation (EC) No 1181/2006.

At their arrival in the EU, consignments will still be subject to 100% documentary checks by national control authorities and to a lower frequency (20%) in case of identity and physical checks. Business operators sourcing nutmeg from Indonesia should be aware that, under the import regime set by Regulation (EU) No 884/2014, identity and physical checks may be not always performed at EU borders, but, based on the choice made by each Member State, be carried out at designated premises located either at an external borders or in-land.

Whilst the introduction of stricter import requirements for Indonesian nutmeg may be justified in the light of the overall unsatisfactory compliance level observed over time, the impact that the newly introduced measures will have on the bilateral trade relations between the EU and the Asian country remains to be seen.

In fact, over the last few years, the EU has been particularly active in voicing its concerns over the compatibility of certain sanitary and phytosanitary requirements set by Indonesia with the applicable international trade rules (e.g. BSE, avian flu and import requirements for plants and plant products), although with limited success. This considered, the import conditions that the EU recently adopted for Indonesian nutmeg risk being an additional political irritant in the context of the already tense trade talks between Brussels and Jakarta.