Lao

Legal Document

Title: A notification on Sanitary and Phytosanitary Measures (SPS) for EU countries, NO. 0612 /DOA
Type: Notification
Issuing Agency: Ministry of Agriculture and Forestry
Responsible Agency: Ministry of Agriculture and Forestry
Issuing Date : 10-04-2013

Lao People’s Democratic Republic
Peace Independence Democracy Unity Prosperity

Ministry of Agriculture and Forestry
Department of Agriculture         No 612 /DOA
Vientiane Capital, dated 10 April 2013

Notification

To:   Heads of the Province and Vientiane Capital City Agricultural Office

Subject:  The Phytosanitary Import Requirement of European Union Countries  for Some Important Plant Commodities Imported from  the Lao People’s Democratic Republic

-       Pursuant to the Plant Protection Law No 06/NA dated 09/12/2008
-       Pursuant to the Decree of Prime Minister No 229/PM dated 31/05/2012 on the Implementation of Plant Protection Law
-       Pursuant to EROPEAN COUNCIL Directive 2000/29/EC Dated 08/05/2000

The Department of Agriculture has the great honour of notifying all relevant sectors taking into account that recently the export of vegetables from Lao to European Union (EU) countries have been affected by the application of sanitary and phytosanitary measures (SPS),  consignments were destroyed because the issuance of a phytosanitary certificate is not in compliance with the  International Standard on Phytosanitary Measures (ISPM) No 7 Export Certification System and ISPM No 12 Guideline on Phytosanitary Certificate which have been developed by the International Plant Protection Convention (IPPC) and phytosanitary import requirement of European country which has caused huge losses to those importers and to Lao exporter.

Therefore, In order to facilitate the export of plants and plant product commodities from Lao PDR and enhance the understanding of plant protection officials in the issuance of phytosanitary certificates for exported plant commodities in compliance with European import requirement, The Department of Agriculture provides the following guidelines:

1.    The European Union countries that are mentioned in this notification includes: Austria (A), Belgium, Bulgaria*, Cyprus*(CY), Czech Republic* (CZ), Denmark (DK), Estonia*(ES), Finland (FI), France (F), Germany, Greece (EL), Hungary*(HU), Ireland (IRL), Italy (I), Latvia*(LV), Lithuania*(LT), Luxembourg, Malta*(M), Netherlands, Poland*(PL), Portugal (including Azores) (P), Romania*, Slovenia* (SL), Spain (including Canary Islands) (E), Sweden (S), the Slovak Republic*(SV), United Kingdom (Great Britain including Northern Ireland, Isle of Man and Channel Islands) (UK).

Remark: (*) means countries which are new members of the European Union, it is recommended that exporters need to seek additional information on import requirement from those countries.

2.     Plants which are intended to be exported to countries mentioned in article 1 of this notification shall be inspected and certified based on  the guidance of the Department of Agriculture No 1077/MAF, dated 30/09/2010 and shall comply with the phytosanitary requirement of specific plant commodities as follows: Top

No

Name of plants and Plant products

The phytosanitary requirement of EU

I.    Vegetables

1

1.1.   Lao name: itou, kapao

        English name: Holy basil

        Scientific name: Ocimum tenuiflorum

1.2.   Lao name: Bualapa

        English name: Sweet basil

        Scientific name: Ocimum basilicum

1.3.   Lao name: itou, kapao

        English name: Holy basil

        Scientific name: Ocimum gratisimum

1.   The plant must be free from pests as follows:

(1)  Amauromyza maculosa (Malloch)

(2)  Liriomyza sativae (Blanchard)

(3)  Bemisia tabaci Genn.

 

2.    Additional declaration must be stated in phytosanitary certificate that: Consignment complies with Annex IV.A.I, point 32.2 (b) and 45.2 (b) of EC Plant Health Directive 2000/29/EC

2

Lao name: Celery

        English name: Celery

        Scientific name: Apium graveolens

 

1.   The plant must be free from pests as follows:

(1)   Amauromyza maculosa (Malloch)

(2)   Liriomyza sativae (Blanchard)

 

2.    Additional declaration must be stated in phytosanitary certificate that: Consignment complies with Annex IV.A.I, point 32.2 (b) of EC Plant Health Directive 2000/29/EC

3

Lao name: homted (hompe)

        English name: Stinking

        Scientific name: Eryngium foetidum

 

1.   The plant must be free from pests as follows:

Bemisia tabaci Genn.

2.    Additional declaration must be stated in phytosanitary certificate that: Consignment complies with Annex IV.A.I, point 45.2 (b) of EC Plant Health Directive 2000/29/EC

4

4.1. Lao name: Maksai, Makmara

        English name: Bitter melon

        Scientific name: Momordica Charantia

4.2. Lao name: Makkeau pom,

                          Makkeau muang

        English name: Eggplant

        Scientific name: Solanum melongena

 

 

 

1.     The plant must be free from pests as follows:

 Thrips palmi Karny.

2.    Additional declaration must be stated in phytosanitary certificate that: Consignment complies with Annex IV.A.I, point 36.2 (b) of EC Plant Health Directive 2000/29/EC

II.            Ornamental plants/cut flowers/foliages

1

Plants in Family Orchidaceae such as orchid, honey orchid

1.   The plant must be free from pests as follows:

 Thrips palmi Karny.

2.    Additional declaration must be stated in phytosanitary certificate that: Consignment complies with the Directive 2000/29/EC and Decision 98/109 (b);

2

Plant in genera as follows:

2.1. Dendranthema spp.

2.2. Dianthus spp.

1.   The plant must be free from pests as follows:

(3)   Amauromyza maculosa (Malloch)

(4)   Liriomyza sativae (Blanchard)

2.    Additional declaration must be stated in phytosanitary certificate that: Consignment complies with Annex IV.A.I, point 32.2 (b) of EC Plant Health Directive 2000/29/EC

 

3

Plant in genera as follows:

3.1. Aster spp.

3.2. Eryngium spp.

3.3. Rosa spp. e.g. rose

3.4. Trachelium spp.

3.5. Hypericum spp.

3.6. Lisianthus spp.

1.   The plant must be free from pests as follows:

Bemisia tabaci Genn.

2.    Additional declaration must be stated in phytosanitary certificate that: Consignment complies with Annex IV.A.I, point 45.2 (b) of EC Plant Health Directive 2000/29/EC

4

Plant in genera as follows:

4.1. Gypsophila spp.

4.2. Solidago spp.

1.   The plant must be free from pests as follows:

(4)  Amauromyza maculosa (Malloch)

(5)  Liriomyza sativae (Blanchard)

(6)  Bemisia tabaci Genn.

 

2.    Additional declaration must be stated in phytosanitary certificate that: Consignment complies with Annex IV.A.I, point 32.2 (b)and 45.2 (b) of EC Plant Health Directive 2000/29/EC

III.           Industrial crop

1

 Lao name: café med heng

 English name: Coffee bean (unroasted)

 Scientific name: Coffee spp.

 

1.     The plant must be free from storage pests which are considered to be harmful organisms defined in the Annex I and II of EC Plant Health Directive 2000/29/EC  of European Union and  not contaminated with soil or planting material.

2.     Where the consignment is infested, it shall be fumigated by the treatment provider and it should registered by the Department of Agriculture based on the European standard of phytosanitary treatment, PM 10/11 (1) and PM 10/5 (1).

3.     Information on the treatment such as date, chemical, duration, temperature and dose shall be described in the part III Disinfestations and/or disinfection treatment of phytosanitary certificate

2

Lao name: kao san

 English name: Milled rice

 Scientific name: Oryza spp.

 

3

Grains of Cereal crops such as cashew nut, corn, bean and dried fruit…)

 

         

Remark:

-     Plants listed in the table above shall not be imported for propagation.

-     Any plants which are not defined in the table above, when they are imported into the countries listed in article 2 of this notification, shall be inspected to be free from infestation of harmful organism as defined in Annex I and II of EC Plant Health Directive 2000/29/EC of and not contaminated with soil and planting material.

-     The statement described in Additional Declaration Section II of Phytosanitary Certificate shall be specified only for a plant or a group of plants as defined in the table above (e.g. plants in the group of Vegetable 1.1, 1.2 and 1.3 must have specific statement of Additional declaration for only one phytosanitary certificate that consignment complies with Annex IV.A.I, point 32.2 (b) and 45.2 (b) of EC Plant Health Directive 2000/29/EC).

3.  Additional Procedures, which are not  defined in article 2 of this notification, shall be  taken into account before export as follows:

-     The type and quantity of plant described in the phytosanitary certificate shall be the same as actual export.

- Phytosanitary certificates must not be issued more than 14 days prior to export.

- A Phytosanitary Certificate is invalid when it is issued after a consignment has been dispatched.

-  The import of plant, plant products and regulated articles into the European Union shall be accompanied by the original phytosanitary certificate.

4.  The phytosanitary certificate shall not be issued for plants, plant products and regulated articles as follows: Top

No

plants, plant products and regulated articles prohibited for import

Exemption

1

Plant in genera as follows:

Abies spp.                           Picea spp.

Cedrus spp.                        Pinus spp

Chamaecyparis spp           Pseudotsuga spp

Larix spp.                           Tsuga spp.

Juniperus spp

Fruit and seed

2

Plant with leaf in genera as follows:

Castanea spp. (such as chestnut, chinquapin)

Quercus spp. (such as Oak fruit)

Fruit and seed

3

Isolated bark of Castanea spp such as chest nut, shinquapin)

 

4

Isolated bark of conifers: coniferales

 

5

Plant for planting in genera as follows:

Chaenomeles spp      Malus spp. (such as apple)

Cydonia spp.              Pyrus spp.

Crateagus spp.          Rosa spp

Prunus spp.

Fragaria spp. (such as strawberry)

Dormant plants without flower, fruite and seed

6

Tuber and seed of potatoes, Solanum tuberosum

 

7

Stolon and tuber forming of plant in genera of Solanum spp. such as eggplant, potato

Potato tuber                      (Solanum tuberosum)  in title 6

8

Tubers of plant in genera of Solanum spp. such as eggplant, potato

Plant or plant part as described in title 7

9

Plant for planting in family Solanaceae as follows:

Cestrum spp.

Capsicum spp such as chili

Lycopersicon spp. such as tomato

Nicotiana spp such as tobacco

Petunia spp.,

Solanum spp. such as egg plant, potato

Seed and plant or plant part as described in title 6,7 and 8

10

Soil and growing medium as such, which

consists in whole or in part of soil or solid

organic substances such as parts of plants,

humus including peat or bark

 

Composed entirely of peat.

 

11

Plant in genera Vitis spp. such as grape

Fruit

12

Plant and hybrids in genera as follows:

Citrus spp. (such as orange, lemon)

Fortunella spp

Poncirus spp

Fruit and seed

13

 plant intended for planting in family Gramineae

1. Seed of plant in family Gramineae

2. Plant of the subfamilies Bambusoideae such as  bamboo and rattan

3. Plant of the subfamilies Panicoideae

4. plants of ornamental perennial grasses of Buchloe, Bouteloua spp., Calamagrostis spp., Cortaderia spp., Glyceria  spp., Hakonechloa spp., Hystrix spp, Molinia spp, Phalaris spp., Shibataea spp, Spartina spp., Stipa spp. and Uniola spp

Remark: Any person or organization intending to import prohibited plants, plant products and articles for research as described above into the European countries for the purpose of education and research shall apply for a special permit or letter of authorization from the relevant authority of the importing country which is defined in the Commission Directive 95/44/EC dated 26/07/1995. The description of import condition of the consignment allowed to be imported will be given in the import permit. The phytosanitary certificate, upon receipt of the permit, shall be issued with additional an declaration stating that “this material is imported under Directive 95/44/EC”. Top

5.       In addition to the specific requirements written above, the exporter shall, in a timely manner, seek more updated information on phytosanitary import requirements as well as those for other crops which are not covered in this notification from the destination country. Any updated and new information shall be notified to the Department of Agriculture to verify it with the importing country.

6.       The Province and Vientiane Capital Agricultural departments shall strictly implement and disseminate this information to relevant sectors within the province to ensure that they comply with this notification. In addition, they shall regularly monitor and report on any constraints and weakness of any aspect of the phytosanitary certificate to  the Department of Agriculture in order to find a timely solution.

7..      The detail information on the scientific name and common name of plants can be found in the reference books which have been distributed to plant protection border check point throughout the country namely (1) Jules Vidal, 1956, Noms vernaculaires de Plants en usage au Laos and  (2) list of plant in Lao PDR,         Mike Callaghan, Vientiane, December 2003.

 Therefore, this notification is released to concerned authorities for their high consideration and implementation. Top

Director General
Department of Agriculture
Dr. Monthathip Chanphengxay 
Top

CC.

  • Minister of Ministry of Agriculture and Forestry
  • Vice Ministers of MAF
  • Permanent Secretary office, MAF
  • Department of Planning and Cooperation (SPS enquiry point)
  • Department of Inspection, MAF
  • Department of Foreign Trade policy, MOIC (SPS notification point)
  • Department of Import and Export, MOIC
  • Province and Vientiane capital Agricultural and Forestry office
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