DG(SANTE)/ MR

Transcription

1 Comments and additional clarifications to the draft report, reference number DG(SANTE)/ MR of the audit carried out from 28 February 2017 to 09 March 2017 in order to evaluate the Plant Health controls applied in the potato sector. No. Report item Wording of the entry Comments / explanatory notes / proposal of statements 1 Executive summary, paragraph 2 An additional objective was to evaluate the measures taken by the competent authorities to control the recently occurred outbreaks of Rs race 1 on propagating material (rock wool cuttings) of Rosa Objectives An additional objective was to evaluate the measures taken by the competent authorities to control the recently occurred outbreaks of Rs race 1 on propagating material (rock wool cuttings) of Rosa sp Objectives Table Competent authorities National Plant Protection Organisation Single Authority for Plant Health Voivodeship Inspectorates for Plant Health and Seeds Inspection Central office Central office Regional units / meeting places Plant health control sites Producers / distributors of early ware potatoes Producers / distributors of early ware potatoes Producer of Rosa sp. 1 SPHSIS (Warsaw) 1 MIPHSI (Warsaw) 4 (Sieradz, Ostrów Wlkp., Kraków, Katowice) 3 interested in trading potatoes under RSPP programme 2 interested in trading potatoes under RSPP programme 1 affected by Rs race 1 outbreak An additional objective was to evaluate the measures taken by the competent authorities to control the recently occurred outbreaks of Rs race 1 on Rosa plants intended for cut flowers (rock wool plants). An additional objective was to evaluate the measures taken by the competent authorities to control the recently occurred outbreaks of Rs race 1 on Rosa plants intended for cut flowers (rock wool plants). Competent authorities National Plant Protection Organisation National authority (single) Central Authority for Central Plant Health office Voivodeship Regional Inspectorates for Plant units Health / meeting and Seeds Inspection places Plant health control sites Producers of early and late ware potatoes Distributors of early ware potatoes (early and late) Grower of Rosa sp. 1 SPHSIS 1 MIPHSI (Warsaw) 4 (Sieradz, Ostrów Wlkp., Kraków, Katowice) Four operators 3 interested in trading potatoes under RSPP programme and 1 with Cms outbreak 2 interested in trading potatoes under RSPP programme 1 affected by Rs race 1 outbreak The processing plant has been registered and approved for processing potatoes with adhered soil Implementation of a general hygiene protocol (new element) prohibiting the use of shared agricultural machinery and the introduction / storage of The processing plant has been registered and approved for safe processing of potatoes. Implementation of a general hygiene protocol (new element) prohibiting the introduction of potatoes with unknown plant health 1

2 Point Point Point 2 potatoes with unknown plant health status in all premises of the place of production; MIPHSI is the Single Authority for plant health. At the time of the audit there were some 2,300 technical staff of SPHSIS of which 878 are in charge of plant health surveys. Representatives of the VIPHSIs visited, stated that in order to overcome temporary problems with implementing increased plant health controls the tasks and personnel can be reshuffled between regions. status into all premises of the place of production and storage of such potatoes in the premises; Comment: Regulation of the MARD allows agricultural machinery to be shared, provided that it is decontaminated each time. SPHSIS is the only competent national plant health authority. Comment: State Plant Health and Seed Inspection Service (SPHSIS) is the national plant protection organisation consisting of: - Main Inspectorate (whose official seat is in Warsaw and Toruń, the latter being the seat of the Central Laboratory), and - Voivodeship Inspectorates whose organisational structures include field units and border units. At the time of the audit there were some 2,300 staff of SPHSIS of which 878 are in charge of plant health surveys. Representatives of the VIPHSIs visited, stated that in order to overcome temporary problems with implementing increased plant health controls the tasks and personnel can be reshuffled between a VIPHSI s field units. Comment: Voivodeship Inspectorates (VIPHSIs ) organisational structures include field units and border units. Tasks and staff may be reshuffled between units of a given VIPHSI Point 4 MIPHSI intends during 2017 to organise 34 training events addressed to 796 plant health inspection staff of VIPHSI. In 2017 SPHSIS intends to organise 34 training session addressed to 796 plant health inspection staff VIPHSI inspectors must be assisted by a police officer Police officers may assist VIPHSI inspectors when they 2

3 Point Point Point Point Punkt 19 when undertaking controls in market places and in cases where cooperation with inspectors is refused.. In addition, MARD launched a public consultation on the draft regulation of 25 April 2016, setting out detailed procedures to control and prevent the spread of Cms. The regulation aims at more precise implementation of Directive 93/85/EEC and includes the necessary and sufficient conditions for the establishment of places of production free from ring rot and brown rot in line with the proposed RSPP programme. In Poland there are 336 registered producers of Rosa of which 224 growers cultivate exclusively propagating material, 104 produce cut flowers and 8 are producers of both. The NPPO and the district inspectorates are well structured and supported by competent staff who are aware of the procedures to be followed. inspect market places, however the Police is usually asked to assist where cooperation with inspectors is refused. In addition, MARD launched a public consultation on the draft regulation of 26 April 2017, setting out detailed procedures to control and prevent the spread of Cms. The regulation aims at more precise implementation of Directive 93/85/EEC and includes the necessary and sufficient conditions for the establishment of places of production free from ring rot in line with the proposed RSPP programme. Comment: The Regulation concerns only potato ring rot; the control and containment of brown rot is regulated by a separate Regulation (that does not provide for the establishment of places of production free from brown rot). In Poland there are 336 producers of Rosa identified by SPHSIS, of which 224 growers cultivate exclusively propagating material, 104 produce cut flowers and 8 are producers of both. Comment: Rose growers are not required to be registered with SPHSIS. MIPHSI and VIPHSIs are well structured and supported by competent staff who are aware of the procedures to be followed. Comment: In Poland, the function of NPPO is fulfilled by SPHSIS subdivided into MIPHSI (central level) and VIPHSIs (regional level); VIPHSIs, in turn, consist of field units (district level). 3

4 Point Point Point Point 25 For early ware potatoes ready for marketing tubers are also taken for testing from the field. Seed potato lots can be traded or moved without testing all other potato lots present at the same place of production, under the condition that the place of production is not under suspicion for the presence of bacteria. There are no specific guidelines / instructions for the systematic checking of nonregistered producers. In general, occasional checks are carried out in 10 non-registered producers / Voivodeship, where usually one sample of farm saved seed is taken from each farm for laboratory analysis. Non-registered producers are subject to indirect "no potato movement compliance" checks with inspections carried out occasionally in potato marketing / processing places. For early ware potatoes ready for marketing tubers may also taken for testing from the field (in special cases laid down in the guideline Ordinance of the Chief Inspector no. 1/2016 of 9 February 2016 Programme to control the presence, eradicate and contain Clavibacter michiganensis ssp. sepedonicus and Ralstonia solanacearum in Poland ). Seed potato lots may not be traded or moved without testing all other potato lots (both seed and other) grown at the same place of production. Comment: The above rule is laid down in the law and is duly enforced by SPHSIS. There are specific guidelines / instructions for the systematic checking of nonregistered producers in accordance with which checks should be carried out in 10 non-registered producers / Voivodeship, where usually one sample of potatoes is taken from each farm for laboratory analysis (where possibile focussing on farm saved seed). Comment: The control rules mentioned in the report (at least 10 nonregistered growers per voivodeship per year) are taken from the official guideline, i.e. Ordinance of the Chief Inspector no. 1/2016, point III.A.10. Non-registered producers are subject to indirect "no potato movement compliance" checks with inspections carried out systematically in potato marketing / processing places. Comment: Point III.A.15 of the Ordinance of the Chief Inspector no. 1/2016 sets out rules, including frequency, of 4

5 Point Point 28 Note under the table Point Point 37 Ware potato producers with confirmed outbreaks or producers having clonal links with outbreaks which occurred in previous growing periods are designated as having a high risk profile and are subject to intensive sampling of one sample per lot. *All tests were taken from one infested variety - size of infected lot 1,700 t (37 ha), the area planted with potatoes on the farm in ha Following the first brown rot outbreak in a sample of ware potatoes in December 2014, SPHSIS launched immediate tracing back and forward actions for potato lots that had already been produced in 2014 but also for lots produced during 2015 and The density of seed potato sampling continues to be amongst the highest within Member States affected by brown rot, less than 0.7 ha/sample for 2016, whilst for ware/other potatoes has significantly increased to 16.3 ha/sample (compared to 45 ha/sample in the harvest of 2013). The average density of sampling applied by those EU Member States where ring rot is known to occur, was for 2015, 1.8 ha/sample for seed and ca. 42 potato checks during marketing (including places such as market places, shops, shopping centres, distribution centres, potato packaging/storage facilities). Ware potato producers with confirmed outbreaks or producers having clonal links with outbreaks which occurred in previous growing periods are designated as having a high risk profile and are subject to intensive sampling of for each lot separately. The size of 1 sample is 200 tubers per each 25 tons of potatoes. *All samples were taken from one infested variety the size of infected lot 1,700 t (37 ha), the area planted with potatoes on the farm in ha Following the first brown rot outbreak in a sample of ware potatoes in December 2014, SPHSIS launched immediate tracing back and forward actions for potato lots that had already been produced in 2013 but also for lots produced during 2014, 2015 and Comment: Quarantine measures covered also the operator who planted seed potatoes in the 2013 season from which seed potatoes were obtained to grow the ware potatoes infected with Ralstonia solanacearum in The density of seed potato sampling continues to be amongst the highest within Member States affected by brown rot, less than 0.7 ha/sample for 2016, whilst for ware/other potatoes has significantly increased to 16.3 ha/sample (compared to 45 ha/sample in the harvest of 2013). The average density of sampling applied by those EU Member States where brown rot is known to occur, was for 2015, 1.8 ha/sample for seed and ca. 42 5

6 Point Point 41 ha/sample for ware/other potatoes. Potato surveillance for ring rot and brown rot in Poland is largely trade oriented, focusing on the large-scale registered professional producers marketing potatoes. Currently, a considerable amount of surveying resources, in particular sampling and laboratory testing, are allocated not only on testing of certified seed or other parental material but also on the intensive testing of ware/other potatoes destined for other Member States. Non-registered producers representing the vast majority of farmers and almost half the cropping area in Poland are still not adequately represented in the annual survey plans and they are only tested occasionally. ha/sample for ware/other potatoes. Comment: The paragraph concerns sampling intensity (density) for brown rot. Potato surveillance for ring rot and brown rot in Poland is largely seed potato-oriented, as well as large-scale registered producers marketing potatoes. Currently, a considerable amount of surveying resources, in particular sampling and laboratory testing, are allocated not only on testing of certified seed or other parental material but also on the intensive testing of potatoes in farms under quarantine, as well as other potatoes destined for other Member States. Non-registered producers representing the vast majority of farmers and almost half the potato cropping area in Poland are still not adequately represented in the annual survey plans and they are only tested occasionally. Comment: Guidelines laying down Cms and Rsol control principles contain new provisions concerning increased intensity of inspections in small, nonregistered farms, including obligatory sampling and testing. This resulted in, inter alia, additional 483 potato samples from 2015 harvest being tested in comparison to previous years, as well as 293 samples from the 2016 harvest taken from small, nonregistered growers. However, the sampling rate is set taking into the account technical capacities of SPHSIS (available staff and financial resources) and it is adjusted to priority plant health activities, including major and emerging phytosanitary threats (e.g. the need to intensify measures after the first detection of Ralstonia solanacearum in Polish potatoes, giving priority to 6

7 Point Point Point 43 Third bullet point Point 43 Fourth bullet In case of suspected ring rot occurrence VIPHSI are obliged to carry out full laboratory testing in the suspected lot and all other lots present in the same place of production or holding i.e. wholesalers ware houses, packing stations; following confirmation all lots in the place of production are treated as contaminated. It also examined in detail the administrative actions taken by SPHSIS and VIPHSI following the first brown rot outbreak, which occurred in Following the brown rot outbreak, which affected some of the largest seed and ware potato producers in different Voivodeships, SPHSIS issued specific instructions to VIPHSI for tackling the disease; 46 places of production have been designated at national level as contaminated whist 118 as probably contaminated all remaining under quarantine. At the time of the audit, the amendments of the implementing regulation of Order No 1/2016 with this provision were still under public consultation; ensuring healthy seed potatoes, farm saved seed planted by registered (professional) growers and other (ware) potatoes placed on the market (i.e. moved outside of the farm)). It should be noted, that 97.24% of non-registered producers grow potatoes on areas of less than 1 ha; also, the actual (average) potato crop size in this group is 0.32 ha. Potatoes from such growers are used within their farms, therefore they are categorised as minor phytosanitary risk than potatoes moved outside of the farm (grown by registered producers). In case of suspected ring rot occurrence VIPHSIs are obliged to carry out full laboratory testing in the suspected lot and all other lots present in the same place of production or holding i.e. wholesalers warehouses, packing stations; following confirmation all lots in the place of production found to contain the bacteria are treated as contaminated, while other lots are treated respectively as probably contaminated. It also examined in detail the administrative actions taken by MPHSIS and VIPHSIS following the first brown rot outbreak, which occurred in Following the brown rot outbreak, which affected one large seed potato grower and several ware potato producers in different Voivodeships, MPHSI issued specific instructions to VIPHSIS for tackling the disease; 46 places of production have been designated at national level as contaminated whist 118 as probably contaminated all remaining under quarantine. At the time of the audit, the amendments to the MARD regulation implementing this provision were still under public consultation; 7

8 point Point Point 49 First bullet point Point Point 55 The audit team visited one place of production producing both flowers and Rosa cuttings and carried out an administrative follow up of the action taken since 2015 following the first notification received by a Member State and the action taken after the Rs outbreak. The place of production is registered with the VIPHSI. SPHSIS stated that similar measures were applied in the two other places of production of Rosa with Rs outbreaks. Additional financial support is granted for covering financial loss incurred due to the downgrading of seed potatoes in case of ring rot or brown rot outbreaks and for decontamination treatments. Comment: Under the Polish legal system a legal obligation may have its source in an act of parliament or a regulation issued by the competent Minister. Drafts of both types of legal acts undergo public consultation. Orders (e.g. Order 1/2016) of the Chief Inspector of PHSI may not impose any obligations on citizens. Orders may only contain technical guidance for SPHSIS inspectors (may impose obligations only on SPHSIS inspectors) and must be in line with the law (acts and regulations). Drafts of orders do not undergo public consultation. The audit team visited one place of production producing both flowers and Rosa cuttings for the place s own needs and carried out an administrative follow up of the action taken since 2015 following the first notification received by a Member State and the action taken after the Rs outbreak. The place of production is under VIPHSI surveillance. Comment: Places of production of roses are not required to be registered. MPHSIS stated that similar measures were applied in the two other places of production of Rosa with Rs outbreaks. Additional financial support is granted for covering financial loss incurred due to seed potatoes no longer being considered seed disqualification in case of ring rot or brown rot outbreaks and for decontamination treatments. Subsidies also apply to potatoes other than seed found to be contaminated or probably contaminated with ring rot or brown rot. Legal basis: MARD's Regulation of 29 July 2015 on the rates of subsidies granted to different entities performing tasks for agriculture. 8

9 Point Point Point 62 SPHSIS stated that they will continue their efforts for further promoting the subsidised use of certified seed or Cms and Rs tested parental material aiming to cover at least 20% of the overall ware potato production in the future. The rules for labelling potato tubers in trade are laid down in the draft regulation of 25 April 2016, which is currently under public consultation (see also section 5.1.8). Potato labels contain at least the registration number of the grower, and/or the registration number(s) of subsequent distributor(s), and the reference number of the powiat where the potatoes were grown. MARD stated that they will continue their efforts for further promoting the subsidised use of certified seed or Cms and Rs tested parental material aiming to cover at least 20% of the overall ware potato production in the future. Comment 1: The phrase parental material needs to be explained did the author mean parental material (mother stock) used in breeding (production) of seed potatoes, or farm-saved seed as the entire paragraph may indicate. Comment 2: All measures requiring a legal basis, like the obligation to use certified/tested seed, or subsidies for certain measures, are implemented by MARD. Without appropriate lagal basis SPHSIS may only promote the good practice of using certified or Cms and Rs-tested seed in its information and awareness campaigns. The rules for moving potato tubers from Poland to other Member States are laid down in the draft MARD regulation of 26 April 2017, which is currently under public consultation (see also section 5.1.8). Comment: Rules for marking potato tubers other than seed are laid down in the Regulation of the Minister of Agriculture and Rural Development laying down rules of marking potato tubers other than seed of 25 April The Regulation does not concern CMS certificates and was not under public consultation during the audit (as it was not amended). Potato labels contain at least the registration number of the grower, and/or the registration number(s) of subsequent distributor(s). 9

10 Point 66 First bullet point Point 66 Second bullet point Warning notices are issued for producers selling non labelled potatoes. Similar infringements during road transport are followed by a fine and an order for returning the consignment to the place of origin for which compliance is not verified. Comment: The current Regulation of the Minister of Agriculture and Rural Development laying down rules of marking potato tubers other than seed of 25 April 2016 does not require poviat numbers to be included in the marking. Instructions and fines are issued for producers selling nonlabelled potatoes. Similar infringements during road transport are followed by a fine and an order for returning the consignment to the place of origin; it is not always possible to verify whether this order was followed, i.e. where during the road check the place of origin of potatoes is not known (no data in documents). Comment: In each case inspectors are required to verify that the consignment was returned to its place of origin whenever the place is known/possible to establish. Where the consignment is not returned to its place of origin the Inspection does not have legal tools to sanction the operator (both transport company and owner of potatoes) for failure to follow this order.during the audit auditors analysed a case of interception of potatoes on the road by VIPHSI Cracow (Małopolskie Voivodeship), while the operator sending the potatoes was located in Pomorskie Voivodeship. Auditors were presented with measures and documents concerning steps taken by VIPHSI Gdańsk (Pomorskie Voivodeship). Therefore, the following statement: returning the consignment to the place of origin for which compliance is not verified. goes too far (is not true). However, the order to return the consignment to the place of origin/purchase is the only legal tool and 10

11 Point Overall conclusions Punkt 68 In the case of unregistered operators, moving potatoes fines are higher. In the seed potato production sector, intensive surveys are carried out for both bacteria and outbreaks are generally followed up by appropriate eradication measures. Larger scale professional potato producers are currently subject to intensive plant health controls and laboratory checks prior to moving potatoes to other Member States. technical/practical solution available to SPHSIS inspectors (apart from fines). Penal sanctions for nonregistered operators moving potatoes are higher, as apart from fines for illicit movement of potatoes they also include a sanction fee for failure to register. Comment: Fine for illicit movement of potatoes (e.g. lack of marking, wrong marking, lack of certificate) is the same, regardless of whether the operator is registered or not. However, an nonregistered operator, in accordance with the national law, is additionally punished for failure to register with a sanction fee. In the seed potato production sector, intensive surveys are carried out for both bacteria. Outbreaks (both in seed and ware potatoes) are generally followed up by appropriate eradication measures. Larger scale professional potato producers are currently subject to intensive plant health controls and laboratory checks prior to moving potatoes to other Member States. Comment: Quarantine measures are applied in each case of bacteria detection, regardless of the intended use of potatoes (seed potatoes and potatoes other than seed, socalled ware potatoes). All operators moving potatoes to other Member States, regardless of farm size, are subjected to intensive inspections (duly required by respective rules). 40. Moreover, Ministry of Agriculture and Rural Development in response to Recommendation no. 4 requested points 58 and 60 of the Report to be modified. 11