Circular No. 36/2014/TT-BNNPTNT Issuing Regulations on the Procedure for Pest Risk Analysis for Plant Quarantine Objects that Must Undergo Risk Analysis Before Importing into Vietnam

CIRCULAR

Issuing Regulations on the process for risk analysis of pests affecting

plant quarantine objectsthat require risk analysis

before being imported into Vietnam

_________________ 

Pursuant to the Law on Plant Protection and Quarantine No. 41/2013/QH13;

Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

At the proposal of the Director of the Plant Protection Department;

The Minister of Agriculture and Rural Development issues this Circular to provide regulations on the process for risk analysis of pests affecting plant quarantine objects that require risk analysis before importation into Vietnam.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular provides regulations on the process for risk analysis of pests affecting plant quarantine objects that require risk analysis before importation into Vietnam (hereinafter referred to as objects requiring risk analysis).

2. This Circular applies to the Plant Protection Department assigned the task of organizing and implementing pest risk analysis, reviewing pest risk analysis reports already conducted, or assessing the risk of becoming invasive weeds for objects requiring risk analysis.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. Risk analysis region is a country, part of a country, or all or parts of several officially recognized countries (hereinafter referred to as region).

2. Vietnam's agricultural ecological regions include: Northern Midland and Mountainous Region, Red River Delta, North Central Coast, South Central Coast, Central Highlands, Southeast Region, and Mekong Delta.

3. Species at risk of extinction is a species listed in the Catalogue of Wild Fauna and Flora Species specified in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora issued pursuant to Circular No. 40/2013/TT-BNNPTNT dated September 5, 2013 of the Minister of Agriculture and Rural Development.

4. Invasion of a harmful organism is the entry of a harmful organism into a region where it does not exist or exists but has a limited distribution and must be strictly controlled.

5. Introduction is the entry and establishment of a population of a harmful organism.

6. Population establishment is the existence and future development of a harmful organism in a region after entry.

7. Infestation of a commodity with a harmful organism is the presence of a harmful plant organism of concern in a commodity. Infestation includes infection.

8. Packaging is material used to support, protect, or carry goods.

9. Pest risk management (for regulated plant objects) is the assessment and selection of measures to reduce the risk of introduction and spread of harmful organisms.

10. Plant quarantine measure is a measure aimed at preventing the introduction or spread of regulated plant objects or reducing economic damage from objects to be controlled.

11. Spread is the expansion of the geographic distribution range of a harmful organism within a region.

12. Pathway is the means by which a harmful organism is introduced or spreads.

13. Classification of harmful organisms is the process of determining whether a particular harmful organism has the characteristics of a regulated plant object or an object to be controlled.

Article 3. General Requirements

1. For objects requiring risk analysis, the Plant Protection Department will consider and decide on conducting a risk analysis for becoming invasive weeds prior to conducting a pest risk analysis according to this Circular;

2. Risk analysis impacting the environment for beneficial organisms used in plant protection imported into Vietnam shall be carried out in accordance with National Technical Regulations.

3. The pest risk analysis process must include three stages:

a) Initiation of the pest risk analysis process;

b) Assessment of pest risk;

c) Management of pest risk.

4. The report on pest risk analysis must fully reflect the results of the pest risk analysis for imported plants. The form and content of the pest risk analysis result report must comply with the provisions set forth in Appendix VI attached to this Circular.

5. The competent authority for plant quarantine of the exporting country is responsible for providing information in Vietnamese or English for pest risk analysis according to the model prescribed in Appendix I (in the case of pest risk analysis of plants) or Appendix II (in the case of pest risk analysis impacting the environment of beneficial organisms imported for use in plant protection) attached to this Circular; registering with the Plant Protection Department to conduct pest risk analysis for objects requiring risk analysis.

Article 4. Implementation funds

Annually, the State ensures funding for the implementation of pest risk analysis for objects requiring risk analysis.

Chapter II

PEST RISK ANALYSIS PROCESS

Article 5. Initial Stage of Pest Risk Analysis Process

1. Starting Point for Implementing Pest Risk Analysis

a) Identify the pathways through which harmful organisms may be introduced and spread by regulated plant material.

b) Identify harmful organisms that are subject to phytosanitary regulation.

2. Pest Risk Analysis Begins with Pathway Analysis

Requirements for new or modified pest risk analysis begin from the following situations:

a) A new type of goods or goods of a new origin intended for export to Vietnam;

b) A new plant species not present in Vietnam imported for scientific research and seed selection purposes;

c) Other pathways: natural spread, packaging materials, mail items, waste, passenger luggage, etc.;

d) Changes in phytosanitary regulations or requirements related to imported goods;

đ) New phytosanitary treatment measures or information requiring consideration.

3. Pest Risk Analysis Begins with Harmful Organism Species

Requirements for a new or modified pest risk analysis begin from one of the following situations:

a) Discovery of a new harmful organism established within the pest risk analysis area;

b) Discovery of a new harmful organism in imported goods;

c) The harmful organism poses a greater threat in a new region compared to the pest risk analysis area and the region of origin;

d) Re-discovery of a specific harmful organism;

đ) Requirement to import a harmful organism for research, experimentation, teaching, trade, or as ornamental plants;

e) New phytosanitary treatment measures or information requiring consideration.

Article 6. Review of Previously Conducted Pest Risk Analysis Results

1. Review reports of previously conducted relevant pest risk analyses. If there has been a thorough previous evaluation of the pest risk analysis, use those results.

2. Review the current status of similar imported goods from other countries that have undergone pest risk analysis.

Article 7. Evaluation of Weed Risk

For objects subject to pest risk analysis that can be used for planting, the weed risk assessment shall be carried out according to the provisions of the national technical regulation.

Article 8. Content of Pest Risk Assessment

1. Analyze data on harmful organisms found on similar regulated plant material imported into Vietnam: Compile data on the discovery of harmful organisms on imported goods according to the form specified in Table 1, Appendix V issued together with this Circular.

2. Categorize harmful organisms

a) Sources of information for compiling the list of harmful organisms for objects subject to pest risk analysis include:

Lists and information about harmful organisms from the exporting country and specific requirements for related information as detailed in Appendix I issued together with this Circular;

Lists of harmful organisms discovered on objects subject to pest risk analysis compiled according to the form specified in Table 1, Appendix III issued together with this Circular;

Previous pest risk assessment results;

Relevant international databases.

b) Information used to categorize harmful organisms includes:

Geographic distribution (distribution maps, climate zones);

Biological characteristics;

Methods of damage;

Pathways of transmission;

Management measures currently applied for harmful organisms;

Other related information.

c) The results of categorizing harmful organisms are compiled according to the form specified in Table 2, Appendix III issued together with this Circular.

3. Determine harmful organisms capable of becoming regulated plant material

a) Criteria for determination include:

Presence in the exporting country;

Ability to travel via objects subject to pest risk analysis;

Potential to become regulated plant material.

b) Harmful organisms listed under point c Clause 2 of this Article that meet the criteria specified in point a Clause 3 of this Article are included in the list of harmful organisms capable of becoming regulated plant material for further assessment according to the form specified in Table 3, Appendix III issued together with this Circular.

4. Evaluate Consequences of Introduction

a) For each harmful organism, the consequences of introduction are evaluated based on five risk factors including: Relationship between the harmful organism and host and climate; Host range; Spread potential; Economic impact; Environmental impact. The evaluation is conducted according to the provisions of Appendix IV issued together with this Circular.

b) Summarize the results of evaluating the consequences of introduction

The results of evaluating the consequences of introduction of harmful organisms are compiled according to the form specified in Table 4, Appendix III issued together with this Circular.

5. Evaluate Introduction Potential

a) The introduction potential of each harmful organism is evaluated based on six risk factors including: Quantity of objects subject to pest risk analysis imported annually; Survival ability of the harmful organism after treatment; Survival ability of the harmful organism during transportation; Undetectability of the harmful organism at the border; Survival ability of the harmful organism at the destination location; Suitable hosts for reproduction of the harmful organism. The evaluation is conducted according to the provisions of Appendix V issued together with this Circular.

b) Summarize the results of evaluating introduction potential

The results of evaluating the introduction potential of harmful organisms are compiled according to the form specified in Table 5, Appendix III issued together with this Circular.

6. Conclusion on Pest Risk Level and Requirements for Phytosanitary Measures for Harmful Organisms

a) Summarize the results on the pest risk level of harmful organisms according to the form specified in Table 6, Appendix III issued with this Circular.

b) Depending on the risk level of each harmful organism, management measures are proposed as follows:

Low risk: No need to apply phytosanitary measures;

Medium risk: It is necessary to apply specific plant quarantine measures;

High risk: Strict and specific plant quarantine measures must be applied.

Article 9. Risk Management

1. Management Measures

Based on the results of pest risk assessment for objects requiring risk analysis, opinions from relevant parties such as scientists, managers, producers, importers shall be sought to establish specific management requirements aimed at minimizing pest risks as follows:

a) Require the exporting country to implement specific plant quarantine measures for objects requiring risk analysis entering Vietnam;

b) Reach agreement with the exporting country regarding the export of objects requiring risk analysis into Vietnam.

2. Management Measures to Minimize Pest Risks Include:

a) Prohibiting the importation of objects requiring risk analysis from specific countries or regions;

b) Requiring an Import Plant Quarantine Permit;

c) Inspection in the exporting country;

d) Requiring plant quarantine treatment measures in the exporting country;

đ) Requiring that objects requiring risk analysis be produced in non-infested areas;

e) Inspection and treatment at the border;

g) Post-import plant quarantine inspection;

h) Other measures.

3. Evaluation of Effectiveness and Impact of Management Measures The evaluation of the effectiveness and impact of management measures to minimize pest risks is based on the following criteria:

a) Economic;

b) Environmental;

c) Social;

d) Feasibility;

đ) Compliance with existing regulations;

e) Time required to implement a new measure.

4. Selection of Measures

Based on consideration of the impacts and effectiveness of management measures, appropriate choices are made for each specific plant quarantine object; proposals for plant quarantine import requirements for objects requiring risk analysis are recommended.

5. Draft Report on Pest Risk Analysis

a) Draft report on pest risk analysis according to the model prescribed in Appendix VI issued together with this Circular;

b) Organize feedback on the draft report on pest risk analysis.

6. Draft Plant Quarantine Import Requirements

a) Draft plant quarantine import requirements according to the model prescribed in Appendix VII issued with this Circular;

b) Organize feedback on plant quarantine import requirements.

7. Finalizing the Report on Pest Risk Analysis and Plant Quarantine Import Requirements.

Chapter III

IMPLEMENTATION

Article 10. Responsibilities of the Plant Protection Department

1. Develop and organize the implementation of pest risk analysis in accordance with this Circular.

2. Notify the results of pest risk analysis in writing to the competent authority for plant quarantine of the exporting country and related organizations and individuals.

Article 11. Effective Date

This Circular takes effect from January 1, 2015.

Article 12. Implementation Organization

The Director of the Plant Protection Department, heads of units, organizations, and individuals concerned are responsible for implementing this Circular.

During implementation, if there are difficulties, it is requested that agencies, organizations, and individuals promptly reflect them to the Ministry of Agriculture and Rural Development (Plant Protection Department) for consolidation and submission to the Minister for consideration and decision./.