EU Plant Health Regulation (Regulation (EU) 2016/2031) Introduced 13 December 2016

Private Sector Not-for-Profit Association ACP/EU COLEACP Private Sector Not-for-Profit Association ACP/EU Established 1973 “Contribute to poverty alleviation and food and nutrition security through sustainable agricultural value chains”

Fit4Market COLEACP Core Activities Delivered Through Programmes Market Intelligence, Business Development Technical Assistance, Training Information & Communication Research & Innovation Advocacy Delivered Through Programmes Regional Fruit Fly Project PAEPARD 2010-2015 2001-2015 Fit4Market 2016-2021

Strengthening competitiveness by embracing sustainability FIT FOR MARKET Strengthening competitiveness by embracing sustainability “Enable smallholders, farmer organisations, and MSMEs to access international and domestic horticultural markets by complying with SPS issues and market requirements, in a sustainable framework”

EU Plant Health Regulation Fully applied 14 December 2019; until then, Regulation 2029 and Annexes remain applicable Replaces 7 existing Council Directives on HOs Series of delegated and implementing acts to be adopted Major overhaul, focused on the prevention of entry or spread of plant pests in the EU More proactive approach - increased surveillance, eradication, financing, import rules

Important Changes Targets all pests Phytosanitary certificates High risk commodities New Trade

Targets All Pests of Plants One regulation covers all pests –quarantine and non- quarantine - categorised by risk assessment Union quarantine pests: Not present in EU or localised and under official controls. High risk to plant health. Strict measures to prevent entry or spread in EU. Protected zone quarantine pests: Present in most of EU but absent from 'protected zones'. Must not be allowed to enter and spread within these protected zones. Regulated non-quarantine pests: Widely present in EU but have an impact on plant quality; seeds or planting material must be guaranteed free/almost free

Phytosanitary Certificates All living plant material (plants, fruit, vegetables, cut flowers, seeds, ...) must be accompanied by a phyto certificate List of exemptions of “low risk” commodities to be issued in an implementing act Potential opportunity to influence

Phytosanitary Certificates Administrative burden for traders and competent authorities (large volumes) By 2019, need inspection procedures in place, with sufficient trained personnel Electronic certification systems?

High Risk Commodities Specific measures on imports & movement of high risk commodities Annexes III and IV remain valid, but with additional list of high risk plants or plant products Imports prohibited until detailed RA determines if imports are acceptable and under what conditions RA will only be done on request RAs by EFSA, but pest crop data “probably needed” from 3rd country CAs (according to IPPC guidelines)

High Risk Commodities Listing under development by EU select committee Commodity/country known to provide a significant pathway for pests into the EU Bans or special measures specified following RA (Timeframe to implement? Dec 2019?) Potential opportunity to influence

Temporary Measures Against New Trade Where there is little experience and pest risks unknown Temporarily restrictions on imports, or even a ban, until data is available for a RA Likely to affect small volume tropical crops for which there is little available pest data  

Registration, Traceability, Certification Registration of professional operators Traceability of commodities Plant passports (planting material) Export, re-export and pre-export certificates

Timeline: Delegated & Implementing Acts Technical consultations with EU experts for phyto certificates, high risk commodities 2017-18 List of high risk commodities (legal deadline) Dec 2018 Phyto certificate exemption list (legal deadline) Dec 2018 List of priority pests 2019 Rules on exemptions from scope Regulation Fully Applied Dec 2019

New Timeline for High Risk Listing - Expected Provisional list discussed by SCoPAFF mid-June EC Inter-service consultation Provisional list adopted by SCoPAFF 10th July Public consultation with EU stakeholders (TBC) August – Brussels closed September – first indicative voting by SCoPAFF WTO notification → 60 days consultation with 3rd countries December 2018 - final adoption

In the interim, more stringent application of existing regulations Implementing Directive 2017/1279 setting new rules on 4 quarantine pests Additional stringent controls covering FCM in capsicum from Africa from 1.1.18. Urgent action by operators and NPPOs to keep trade open Implementing Directive 2018/638 preventing entry and spread of fall armyworm Emergency measures from 1.6.18 – 31.5.20 for 6 products: (bell) pepper, sugar maize, eggplant…

An example of what’s to come? Before After F&V exempt from regulations F&V subject to regulations Flexible requirements Rigid requirements (blocks) Low level of inspections High level of inspections In the event of interceptions, long period of warning In the event of interceptions, immediate response Low economic impact High economic impact Continuity of supply at stake

Stricter EU import policy More legal tools for import restrictions Pressure from 8 (southern) member states to use these tools

Concerns about content Article 42: High Risk products → temporary import ban based on preliminary RA Article 49: New trade → temporary measures; challenge to introduce new products/varieties Article 73: Phyto certificates for (almost) all F&V → more import controls = more chance to find HOs

Concerns about implementation Global timeframe, lack of detailed timelines Demands on HR and Technical capacities Lack of guidance, inconsistent messages, variable methods (RA) between MS Impact on trade of important ACP crops

Lobbying To ensure EU actions are proportionate, not protectionist: By EU industry alliance at Member State and European Parliament level By all EU stakeholders through EC public consultation By 3rd countries through the WTO

Implications for African Exports? Potential impact on important export crops Future low tolerance of non-compliances CAs must ensure controls applied at all times to guarantee exports meet requirements Private operators must invest to meet the rules Need to start preparing now

Most urgent actions Identify CA capacity building needs Inspection services: numbers, skills, SOPs NPPOs: skills for PRAs, pest-free areas & sites High risk commodities: Lobby through the WTO, request RAs Support for pest management e.g.: Fast-track registration of PPPs; IPM Research Establish national “task forces”: Develop action plan & assign responsibilities

What can be done through FFM to help prepare for the new regulation? Lobbying for the ACP industry Informing stakeholders Targeted capacity building Support national platforms/action plans