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Newsletter December 2009 |
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ASEAN-Australia-New Zealand Free Trade Agreement clarified |
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Customs has advised that, contrary to earlier advice provided to Customs, the AANZFTA will only enter into force on 1 January
2010 for Australia, New Zealand, Brunei, Myanmar (Burma), Singapore, Malaysia and Vietnam. This means that the AANZFTA will
not enter into force on 1 January 2010 for the remaining ASEAN Member States, namely Cambodia, Indonesia, Laos, the Philippines and Thailand. Of course Thailand has a separate free trade agreement already and that
agreement (TAFTA) remains in force. |
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It seems that earlier advice provided to Customs that the AANZFTA would enter into force on 1 January 2010 for all ASEAN members was incorrect. For these purposes, it is strongly recommended that close attention is paid to www.dfat.gov.au which also includes important and useful information on the AANZFTA including updates on any member ratification. |
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Methyl Bromide Fumigation Issues
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Importers should read this article – particularly item 3 for methyl bromide fumigation of lacquered or coated products
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From 1st January 2010 all AQIS directed methyl bromide fumigations on imported cargo and goods will only be allowed to be carried out under the AQIS Onshore Fumigation Scheme. The Scheme requires compliance with the AQIS Methyl Bromide Fumigation Standard V1.3 (January 2008) and may have major operational and cost impacts on those parties in the logistics chain who do not meet the current requirements.
Four major areas of concern have been identified and are listed below with reference to the applicable area of the fumigation standard. Details of the specific conditions are attached to the paper (Attachment1) together with the AQIS “Onshore Fumigation Frequently Asked Questions” downloaded from the AQIS website (Attachment 2) |
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1) Suitability of fumigation sites, risk assessment and safety
1.1 Risk assessment, 2.1 Site requirements and 4.5 Safety Any non compliance with these mandatory requirements will render sites that are currently used forfumigation unsuitable
What does this mean for industry?
Unless sites where fumigations are conducted, including many Quarantine Approved Premises, can comply with requirements such as being able to provide a 3 meter clearance around sheeted fumigation enclosures plus a range of other conditions, they will not be able to carry out fumigations. This may well mean that AQIS directed fumigations will have to be directed to other compliant premises. |
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2) Suitability of cargo to be fumigated in containers
3.1 Free airspace around cargo For a fumigation to be effective sufficient airspace is required to allow gas penetration around and between the commodity. Any container packed to a density or without sufficient free airspace around the cargo, including air space between the container floor and cargo, cannot be fumigated in the container.
What does this mean for industry?
Fumigators will assess each container to be fumigated for compliance with the requirements to allow for effective circulation of the fumigant. Many containers that are packed tightly or where cargo is not on pallets must be unpacked before fumigation which will add potentially considerable cost which may well be in excess of the savings made by good space utilisation. Importers need to be aware of these requirements. It should also be noted that AQIS may well audit containers fumigated offshore for compliance with these requirements. |
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3) Suitability of commodities and impervious wrapping / surface coating requirements
1.2 Commodity and 3.2 Impervious wrappings, surfaces and coatings There are a wide range of commodities that are not suitable for methyl bromide fumigation such as certain rubber goods, vinyl products etc. refer to (www.fao.org). Additionally, because Methyl Bromide cannot readily penetrate paint, lacquer and plastics, AQIS requires that treatment be carried out before such coatings or wraps are applied.
What does this mean for industry?
Under the standard it is the fumigators’ responsibility to ensure compliance. Fumigators will not be making decisions on suitability of commodities based on documentation / visual inspections or ensuring that the cargo is free of any wrapping / or coatings. For instance the wrapping of a carton may comply but the retail packs within the carton may not. It will be up to the cargo owner to provide the fumigator with a statement that the commodity per se and the wrapping / coating etc is suitable for fumigation in all respects. This may involve considerable communications |
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4. Ventilation of cargo after completing the fumigation
9.1 Ventilation
The Australian Standard regarding exposure to toxic gasses establishes a safe working limit orThreshold
Limit Value (TLV) of 5ppm. for Methyl Bromide. Accordingly, the AQIS Methyl BromideStandard prescribes
and it is mandatory that the methyl bromide content in the “risk area” (3meters for sheeted fumigation)
does not exceed 5 part per million (or 19 milligrams per m3).
What does this mean for industry?
Whilst
most fumigators use forced ventilation to achieve rapid dispersal of the fumigant, a widerange of cargo
and packaging is not easily ventilated and requires much longer that the current fourhours or so generally
applied as being deemed sufficient. Indications are that in excess of 48 hoursmay be required to comply
with the standard and it is incumbent on the fumigator to monitor theresidual fumigant levels in the risk
area. Fumigation areas in suitable premises may be occupied formuch longer periods of time before removal.
Whilst the compliance with the standard applies to the “risk area” the residual methyl bromide in the container
may well be in excess of the standard due to continued release of the absorbedfumigant from packaging and
commodities. In line with practices in some states fumigators willplace labels on treated and released containers
advising that some four hours additional ventilation
time be allowed before accessing the cargo and container at the unpacking point. |
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Quarantine is revamping ICON – and you can help! |
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The Australian Quarantine and Inspection service has begun the redevelopment of its Import Conditions (ICON) database system which houses the import conditions for goods entering Australia. To help AQIS build the new system, users are invited to provide feedback on the current ICON system through an online survey. The survey is anonymous and the results will be consolidated and incorporated into the project's baseline report. The link to the survey is provided below.
https://www.surveymonkey.com/s/BLQHB9Q
The survey will close on the 20 December 2009 |
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Industry Representation
To assist AQIS in the redevelopment of ICON, the following industry working groups are being established in consultation with the AQIS/Industry Cargo Consultative Committee:
- A third-party software developer working group has been formed, representing software developers that link ICON to in-house systems used by the importing industry.
- An industry and community working group will be established to represent the interests of importers, both occasional and regular; overseas exporters; brokers and freight forwarders; and other ICON users such as quarantine treatment providers.
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The New System
The current ICON system will be replaced with one that enables AQIS, industry stakeholders and the public to access import conditions that are accurate, unambiguous and defensible.
The key benefits of the project will be;
- improved consistency and transparency of quarantine decision making
- increased industry compliance with quarantine import requirements
- increased efficiency in permit issuing
- increased efficiency in the clearance of goods
The project will deliver the new IT system in four major software releases with the project scheduled to be completed by the end of 2012.
Features of the new ICON system will include the following;
- search by keyword, tariff codes, scientific name and access to search wizard function
- secure online permit application process
- secure online permit tracking process
- the ability to subscribe to automated alerts when there are changes to import conditions
- decision support that filters out irrelevant information to provide the user with the biosecurity conditions specific to their import.
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About the Survey
The survey is multiple choice and has comment fields available. The majority of questions require a rating against a statement. The rating options are Strongly Agree, Agree, Neutral, Disagree, Strongly Disagree and N/A.
If you would like further information or updates during the course of the project please contact Con.Goletsos@daff.gov.au. |
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If
you require any further information, please do not hesitate to contact
us at anytime. |
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This
newsletter is not intended to, and does not, cover all aspects of
the topics discussed.
Professional
advice should be sought before any action on these topics is taken. ..
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