Representatives of the FPC last week met officials from Defra's Plant Health Inspectorate to discuss possible responses to the new EU plant health directive due to come into force in just over a year.

The directive states that all consignments of products requiring a plant health certificate must be inspected meticulously at the port of entry prior to customs clearance.

A charge will be levied for the performance of an inspection. Importers will have to give prior notice of arrivals of such products. As previously reported in the Journal, the directive is due to come into force on January 1, 2005.

The trade faces the same potential problems as it did under the original form of the regulation that required inspections for conformity with the marketing standards. These include:

• backlogs at ports and airports

• delays to deliveries

• lack of facilities for storing consignments at ports

• product losses

The FPC was very successful in working with Defra to change the regulation and find a practical solution for both sides.

Unfortunately, the plant health directive is the result of more than five years of negotiation among the EU member states. So it will be very difficult to secure a change to the directive itself.

It was agreed that Defra would research what resources it would need to implement the directive. It seems likely that the plant health inspectorate would require a large increase in staff numbers to carry out such inspections.

It will also compare notes with the Horticultural Marketing Inspectorate to find any similarities to the problems caused by the 1148/2001 regulation.

The FPC will talk to Freshfel, the European trade organisation, and its other colleagues throughout Europe, particularly in Holland where there are fears that the directive will interfere with the functioning of the auction system.

The resulting evidence will be presented to Defra policy advisors in early January. The FPC expects it to become clear that the directive cannot be implemented in its existing form.

Defra will also provide guidance on bilateral agreements between the EU and third countries on plant health inspections, which could allow inspections to be carried out in the country of origin.

The FPC will also welcome a Defra official to explain the situation at the next Importers Division meeting on November 26.