| Legislative： |
1.Promulgated on March 26, 1990.
2.Amendment to all Articles promulgated on November 1, 2000.
3.Amendment to all Articles promulgated on August 30, 2002.
4.Amendment to Article 4 promulgated on June 27, 2005. |
| Content： |
Article 1
The procedures are established pursuant to Article 21-1, Plant Protection and Quarantine Act. Article 2
Applicants for importing pear scions and countries for supplying such scions shall be limited to those approved by the central competent authority.
Applicants for importing pear scions as specified in the preceding paragraph shall submit annually an application with the following information:
1. A list of orchards supplying scions;
2. A plan for importing pear scions; and
3. A report on the result of the importation in the previous year. Article 3
Applicant who applies for importing pear scions from unauthorized countries shall submit the following information to the Bureau of Animal and Plant Health Inspection and Quarantine (BAPHIQ) of the Republic of China for approval. Only after the approval of that authority, the said scions are authorized for importation. The information submitted shall include, but not be limited to:
1. Varietal names, horticultural characteristics, distribution of
production areas, geographical locations and climatic
conditions of the pear trees from which the said scions are
supplied;
2. Names, occurrence and control status of the diseases and
pests found in the areas where the said scions are originated;
and
3. The disease and pest control systems and the plant protection
and quarantine measures against the diseases and pests found
in the pear producing areas implemented by the plant
protection and quarantine authority of the countries where
the said scions are originated. Article 4
The quarantine requirements are as follows:
1. The requirements for the establishment of pear orchards from
which the said scions are supplied:
（1）The pear orchards from which the said scions are
supplied shall locate in the areas free from the pear
decline phytoplasma, pear fire blight disease (pathogen:
Erwinia amylovora), or pear disease caused by Erwinia
pyrifoliae;
（2）The pear orchards from which the said scions are
supplied shall conduct integrated control measures
against the diseases and pests of pear under the direction
of the agricultural disease and pest control authority of
the exporting countries and shall maintain complete
records on the control of such diseases and pests; and
（3）The growth of pear trees in the orchards from which the
said scions are supplied is in good conditions and the
mother trees of the said scions have never been grafted
with other varieties (strains) of plants.
2. If the pear vein yellows disease (pathogen: Apple stem
pitting virus, including its synonyms Pear necrotic spot virus
and Pear vein yellow virus) or pear chlorotic leaf spot disease
(pathogen: Apple chlorotic leaf spot virus) is known to occur
in the countries where the said scions are originated, the pear
orchards from which the said scions are supplied shall be
subject to monitoring and inspection as prescribed by the
BAPHIQ to confirm that they are not infected with such
diseases as listed in this subparagraph. Results of the
monitoring and inspection shall be submitted in a written
report.
3. The pear orchards from which the said scions are supplied
shall conduct integrated control measures against the diseases
and pests under the direction of the plant protection and
quarantine authority of the exporting countries to confirm that
the mother trees of the said scions are not infested with
western flower thrips (scientific name: Frankliniella
occidentalis), or infected with pear canker disease (pathogen:
Nectria galligena), pear rot disease (pathogen: Valsa ambiens)
or other dangerous diseases and pests. Article 5
The procedures and requirements for the on-site inspections are as follows:
1. The plant quarantine authority shall dispatch annually its
officer to the countries where the said scions are originated to
conduct on-site inspections together with the designated
officer of the plant protection and quarantine authority of the
exporting countries and to jointly verify whether or not the
scion-supplying orchards meet the conditions as required in
Article 4;
2. The plant protection and quarantine authority of the
exporting countries shall make available to the BAPHIQ a list
of the approved scion-supplying orchards verified by the joint
plant protection and quarantine officers in accordance with
the preceding subparagraph; and
3. During the annual scion-harvesting period, the BAPHIQ may
dispatch its officer to conduct on-site inspections at the sites
of pear scions’ harvesting, assembling, packing and cold
storage or other related areas as deemed necessary.
The travel expenses, relating to the on-site quarantine inspections conducted in the exporting countries by the designated officer as required under the preceding subparagraphs 1 and 3, shall be borne by the importer. Article 6
The pear scions, which are deemed to meet the requirements by on-site inspections, shall be subject to pre-export inspections by the plant quarantine authority of the exporting countries and receive a phytosanitary certificate for export issued by that authority.
The aforementioned certificate shall not only certify with additional declaration in accordance with the Quarantine Requirements for the Importation of Plants or Plant Products into the Republic of China, but also clearly state the production areaes, varieties, quantity and the assigned code numbers of the scion-supplying orchards for the shipment of the said scions. Article 7
The procedures and requirements for the import inspection are as follows:
1. The phytosanitary certificate for export issued by the
exporting countries shall be checked and the pear scions
shall be inspected for compliance with the import
requirements by the plant quarantine authority. After the
certificate and the pear scions are deemed to meet the
requirements, the scions imported may be immediately
released and may not be subject to post-entry quarantine.
2. The imported scions shall not be released if one of the
following situations is found by the quarantine inspection:
（1）The package is opened or ripped off.
（2）The pear scions are found to be infected or infested with
dangerous diseases and pests.
（3）The pear scions need to be transshipped through a
country (countries) where the diseases and pests listed
under Article 4 or other dangerous diseases and pests are
known to occur, shall be prohibited to import unless prior
approval is obtained from the BAPHIQ for means of
transshipment which shall be in compliance with relevant
regulations. Article 8
The Regualtons become effective on the date of promulgation. |